HC junks Marathi rule for auto and taxi permits

MUMBAI: The Bombay high court on Wednesday struck down Maharashtra government’s circular which stipulated knowledge of Marathi for autorickshaw and taxi drivers seeking new licences, and of the area for which a permit is sought.

A division bench of justices Abhay Oka and Anuja Prabhudessai said there was no provision in the Motor Vehicles Act or the Maharashtra Motor Vehicles Rules, 1989, empowering the government to impose such conditions either for new permits or badges for drivers.

The row between auto unions and the state government dates back to September 2016 when authorities decided to issue one lakh new permits for autorickshaws in the Mumbai Metropolitan Region and also increase the number of three-wheelers by 25% in cities such as Pune, Solapur, Nagpur, Nashik and Aurangabad.

However, while initiating the process for issuing these permits, the transport commissioner, in a circular in February 2016, stipulated that an applicant must have a working knowledge of Marathi and must know the area.

A few associations of autorickshaw owners and drivers from Bhiwandi and Mira Bhyander challenged the circular in the high court. They argued that there was neither the Motor Vehicles Act nor the Maharashtra Motor Vehicle Rules, 1989, allowed the government to impose such criteria.

On Wednesday, the state government, in its response, said Rule 24 of the Maharashtra Motor Vehicle Rules, 1989, empowered it to frame new norms. It claimed that the conditions were imposed in the public interest.

The bench, however, observed that Rule 24 was applicable to only public service vehicles and does not cover auto and taxis.

It said the state government could not use a public interest alibi to add new conditions for new permits unless there is a specific provision under the Motor Vehicles Act or the 1989 Rules.

The judges directed transport authorities not to disqualify any licence-seeking applicant who does not speak in Marathi or is not well-versed with the area.