Concessional-fare by HRTC to woman, No relief to Pvt bus operators from HC
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Shimla, Dec16 Himachal Pradesh High court did not grant any relief to Private Bus operators who had challenged the decision of Himachal Pradesh Government to fifty percent concessional fare to all woman passengers in HRTC buses.
Passing 27 page verdict court said that It is well known that girls, more especially in the rural areas, drop out the schools because their parents are not in a position to incur the expense of their seats.
“If a small portion of budget of running families is cut down, that could allow these girls to study, pursue their career or travel for their needs, hence financial burden would not hinder their growth in social inclusion with better opportunities and education while ensuring empowerment of women in the society; better safety of women with more female riders because the free tickets are bound to lead more female passengers travelling in public transports and this in turn would create an atmosphere of safety, security amongst the women travellers; availability of medical assistance and care because of concessional fare the women now would be in a position to travel to places where there are better medical facilities.
Court did not convinced from the argument that judgment rendered by the Delhi High Court in
Sta Operators Ekta Manch’s case stating that in present case appears to have attained finality and a different view.
Court said that notification passed by Government on July 6, 2022 was with its domain being matter of policy which is not premises of the court.
As regards the respondent-Corporation being in arrears or in default of certain taxes, it would be noticed that total financial burden on account of implementation of 50% fare discount scheme to the women passengers works out to be Rs. 59.69 crores and the same has been compensated by the State Government. Court found that State has acted in the larger public interest as against individual interest and does not, in any way, offend any constitutional provision or any of the statutory provisions.
Bench also stated that decision of concession in fare could not be held unconstitutional as executive could make policy for vulnerable section of society.
