The Bombay high court held as illegal a circular issued by the Maharashtra government making knowledge of Marathi a pre-condition for issuance of new auto-rickshaw permits. The petition in this regard had challenged a circular issued by the government to the Regional Transport Offices in 2016 .
The Bombay High Court ruled that the circular issued by the Maharashtra government making knowledge of Marathi a pre-condition for issuance of new auto-rickshaw permits is illegal.
A division bench of justices A S Oka and Anuja Prabhudessai passed the order on a petition filed by Mira Bhayander Auto Rickshaw Chalak Sangathan. The petition had challenged a circular issued by the government to the Regional Transport Offices in 2016.
The Bench stated that Prima facie the condition mentioned in the circular cannot be applied while issuing permits. It also ruled that the condition is illegal and not correct. The bench said that if an applicant for permit does not fulfill the condition of having knowledge of Marathi, then his application cannot be disqualified.
The bench also said that the government has the power to make rules, but it cannot introduce them through a circular.