The Bombay High Court was on Saturday informed by the Maharashtra Transport Department that auto and taxi drivers across the State have been granted a one-year extension to learn, read and speak Marathi. [Mohammed Kasim Ahmed v. State of Maharashtra & Ors.]
In light of this development, a division bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad disposed of a public interest litigation (PIL) petition challenging the State government’s notification which made working knowledge of the Marathi language mandatory for rickshaw and taxi drivers across the state.
The PIL was instituted by four app-based drivers operating under the Uber aggregator platform.
Their plea argued that Marathi language rule violates their fundamental rights under Articles 14 (right to equality), 19 (freedom to carry on trade and profession) and 21 (right to life) of the Constitution and is ultra vires the Motor Vehicles Act, 1988, which does not prescribe any language requirement for driving licences.
The plea sought an immediate stay on the government notification so as to prevent hardship to nearly 9.65 lakh drivers across Maharashtra.
During the proceedings today, the bench referred to developments which took place on August 28.
“Today we read in the newspapers that the rickshaw drivers' issue was resolved and they also rejoiced. They met the Chief Minister and their photographs were published in the newspapers,” ACJ Ghuge said.
The Court directed the government pleader to obtain explicit instructions from the Transport Commissioner on whether a formal policy decision has been finalised on the same.
The government counsel informed the Court that a positive policy decision of extension has been taken.
“The Government Pleader has taken instructions from the State Transport Commissioner of the State of Maharashtra to communicate to the Court that the time for learning, reading and speaking Marathi language by all rickshaw and taxi drivers is extended for a period of one year, and they are expected to master the language within one year,” the Court order recorded.
In view of the extension granted by the State, the High Court concluded that the matter did not warrant further judicial intervention and accordingly disposed of the petition.
The Marathi Ekikaran Samiti, a not for profit organisation, sought to intervene in the PIL in support of the government's decision.
However, considering the disposal of the petition, the intervention application was disposed off.
Advocate Vivek Shukla appeared for the petitioning drivers.
Additional government pleader Jyoti Chavan appeared for State.
Senior advocate Navroz Servai briefed by advocates Ameet Naik, Madhu Gadodia, Vivek Dwiwedi, Amruta Thakur and Aryan Garg from Naik Naik and Company appeared for the Samiti.