Delhi High Court
Delhi Transport Corporation & ... vs National Industrial Training ... on 9 February, 2016
Author: G. Rohini
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Pronounced on:9th February, 2016
+ LPA 139/2014 & CM No.2571/2014 (stay)
DELHI TRANSPORT CORPORATION & ANR. ..... Appellants
Through Ms. Avnish Ahlawat with Ms.Latika
Chaudhry, Advocates
Versus
NATIONAL INDUSTRIAL TRAINING
CENTRE & ORS. ...Respondents
Through: Mr. G.S. Suhag, Adv. for R1
Mr. Satyakam, ASC for R2&3/GNCTD
Mr. Arun Bhardwaj, CGSC for R4/UOI
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JAYANT NATH
JUDGMENT
G. ROHINI, CHIEF JUSTICE:
1. This appeal is preferred against the order of the learned Single Judge
dated 19.12.2013 in W.P.(C) No.7042/2013. The respondents 2 and 3 in
the writ petition/Delhi Transport Corporation (DTC) are the appellants
before us.
2. The said writ petition was filed by the National Industrial Training
Centre (for short 'NITC') seeking a direction to DTC to extend the facility
of concessional bus passes for its students. Placing reliance upon
Regulation 5 of DTC (Free and Concessional Passes) Regulations, 1985,
the learned Single Judge allowed the writ petition by the order under
appeal and DTC was directed to extend facility of concessional bus passes
to the bona fide students of the NITC within a period of four weeks subject
to completion of the necessary formalities in that regard. Aggrieved by the
same, DTC has come up with the present appeal.
3. We have heard the learned counsel for both the parties.
4. DTC (Free and Concessional Passes) Regulations, 1985 (for short
'Regulations') are made by DTC in exercise of the powers conferred by
Section 45(2)(d) read with Section 19(1)(d) of the Road Transport
Corporation Act, 1950 read with Delhi Road Transport Laws
(Amendment) Act, 1971. Regulation 5 provides for concessional bus
passes to the students. Such passes shall be available to the benefit of the
educational institutions in Delhi recognized by (i) the University set up in
Delhi by the Act of Parliament; (ii) Central Government, Delhi
Administration and Municipal Corporation of Delhi; and (iii) Mentally
retarded students who are receiving guidance in the institutes run by the
Government, Delhi Administration, local bodies or by the societies aided
by the Government.
5. The writ petitioner/NITC/respondent No.1 herein is an Industrial
Training Centre affiliated to the Government of India and Government of
NCT of Delhi and thus falls within the purview of Regulation 5.
Consequently, its students are entitled to concessional bus passes.
However, the request of NITC to extend the facility of concessional bus
passes to its students was rejected by DTC basing upon a resolution passed
by DTC in its meeting dated 10.05.2002 to repeal certain provisions of the
Regulations including Regulation 5 regarding concessional bus passes.
6. The learned Single Judge held that as per Section 45 of the Road
Transport Corporation Act, 1950, the amendments to the Regulations can
be carried out only with the previous approval of the State Government
and since no such sanction has been granted by the Govt. of NCT of Delhi
to the amendment proposed by DTC vide its Board Resolution dated
10.05.2002, the impugned action of DTC in declining to extend the facility
of concessional bus passes to the students of the writ petitioner/NITC is
illegal.
7. It is to be noticed that the resolution of the DTC has not yet been
approved by the GNCTD and the amendment as proposed by DTC to
Regulation 5 has not been effected till date. In fact, the material available
on record shows that GNCTD had informed DTC that denial of
concessional bus passes to some of the students as proposed in the
resolution dated 10.05.2002 would amount to discrimination against the
institutions. In the light of the admitted facts of the case, we are unable to
hold that the order under appeal suffered from any error warranting
interference by us.
8. The learned counsel appearing for the appellant/DTC submitted that
DTC in fact has requested GNCTD to convey approval for releasing 100%
subsidy of the cost of concession and in the absence of such subsidy, DTC
would be unable to grant concession to the students of the private
institutions. It is also contended that until and unless the institute or the
Govt. of NCT of Delhi reimburses the loss of Rs.700/- per pass per month,
DTC would suffer huge losses since large scale financial implications are
involved in implementation of the directions of the learned Single Judge.
9. We do not wish to express any opinion as to the inability expressed
by DTC to extend the facility of concessional bus passes to the students of
the writ petitioner/respondent No.1 herein on the ground of financial
implications. As noticed above, the writ petitioner/NITC is an institution
affiliated to National Council for Vocational Training as per the
communication of the Government of India dated 31.12.2003 and thus is
covered by Regulation 5 of the Regulations as it stands as of today.
Therefore, the students of NITC/writ petitioner cannot be denied the
facility provided under the statutory regulations.
10. For the aforesaid reasons, we do not find any merit in the appeal and
the same is accordingly dismissed.
CHIEF JUSTICE
JAYANT NATH, J
FEBRUARY 09, 2016
pk
