In a recent development, the Kerala High Court has taken up a Writ Petition filed by the C.H. Muhammed Koya Memorial Charitable Centre, Kozhikode, challenging the decision of the State Transport Authority to enforce a uniform colour code for all ambulances in the State. The petitioner, a charitable trust claiming ownership of a fleet of ambulances, argues that such a mandate infringes upon the fundamental rights of ambulance owners and lacks legal backing under the Motor Vehicles Act, 1989, or the corresponding Rules.
The uniform colour code for ambulances was implemented on January 1, with new ambulances in Kerala required to be painted white and adhere to other specified stipulations. For existing ambulances, the Transport Authority decided to apply the colour code during the renewal process of their fitness certificates.
The main contention put forth by the petitioner is that the Transport Authority does not possess the authority to impose a uniform colour scheme on ambulance vehicles, and the decision lacks any reasonable justification as it was not backed by any substantial reasons. The lack of clarity and explanation behind the unilateral decision has raised concerns regarding its legality.
Furthermore, the charitable trust argues that the mandated colour code prevents the inclusion of sponsor details on the ambulance vehicles, potentially discouraging charitable trusts and other entities from sponsoring ambulances. In contrast, the petitioner points out that while private players are prohibited from painting any additional details on ambulances, government-owned KSRTC buses are permitted to do so. This discrepancy, according to the petitioner, represents a discriminatory action violating the principles enshrined in Article 14 of the Constitution.
The case was admitted by a Single Bench of Justice Murali Purushothaman, who has scheduled the next hearing for August 2, 2023. The court has also sought a response from the State government regarding the writ petition and the grounds on which the uniform colour code for ambulances was imposed.
The outcome of this legal challenge will have significant implications for ambulance owners, charitable trusts, and other entities involved in ambulance sponsorship in Kerala. The court's decision will determine whether the Transport Authority's mandate stands, or if it needs to be reconsidered to address potential concerns of discrimination and infringement on fundamental rights. As the matter unfolds, stakeholders in the healthcare and charitable sectors will be closely watching the proceedings to understand how it may impact their operations and contributions to the emergency medical services in the State.
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