On 1st May 2020, the petition is filled under Article 226 and 227 of the Constitution of India, by Shreesh Chadha, a final year law student & Adv. Prashant Vaxish (Counsel for the Petitioner), the petition seeks the allowance of public transport- buses and metro, considering that all private and government offices have been allowed to operate.
As per the most recent MHA order, only those employees/workers who own private vehicles are allowed to commute to their workplace, and the ones relying on public transport are met with an undue and unequal treatment as they cannot resume their employment. This might also cause detriment to their livelihood, and therefore it is a dire need to allow their sole mode of transport to operate subject to strict norms and variable frequency suited to the circumstances.
Petitioner, Shreesh Chadha, in its Petition stated that, it has created an unreasonable classification which is impressible in light of Article 14 of Constitution of India and the revised guidelines by respondent no.1 have caused an unequal and disproportionate effect on people availing public transport services to commute to their work place and is therefore, violates Article 14 of the constitution of India.
Union of India, prohibited the public transport since 24.03.2020 and it has been cumbersome on the persons relying solely on public transport to commute from one place to another. Petitioner stated that that there was no obligation to travel to places, including but not limited to the workplace and the population was not aggrieved.
Petitioner, submitted that the order dated 24.03.2020 by Government of India has created a discrimination between similarly situated employees/workers, and the revised guidelines also result in the blanked condition being imposed on unequal’s. It is well established principle that along with “treating equals unequally”, unequal cannot be treated equally and the same would be in violation of Article 14 of the Constitution of India even the revised guidelines by the Government of India fails to provide equal opportunities to all employees/ workers who are now obligated to resume their employment whereas it is an axiomatic principle of law that equal opportunity requires differential treatment to be met out to unequal’s.
The Union of India, by issuing the revised guidelines dated 01.05.2020 has acted arbitrarily, whereas the vide orders 19.04.2020 and 29.04.2020, The Union of India allowed for the inter-state travel migrants, students, pilgrims and tourists via buses , by following the social distance guidelines and constant disinfection policy. As the same guidelines were in place to govern the plying of buses and metro train services but the Union of India was pleased to prohibit the operation of those modes of public transport, and is utilising similar measures to operate buses from one state to another on long journey’s with the same level or high level of scrutiny. Delhi Transport Corporation and Delhi Metro Rail Corporation could also have been allowed to render their public transport service for the utilisation of the NCT of Delhi.
Petitioner prayed before the court to issue a writ/order/direction of mandamus or any other appropriate writ/order/direction to the Government of India directing them to pass an appropriate order under Section 10(2)(i) of the Disaster Management Act. 2005 to permit the operation of public transport in all district of NCT of Delhi subject to appropriate conditions.
PIL BEFORE DELHI HIGH COURT HAS BEEN ALLOWED AND IS LISTED ON 13.05.2020.
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