Introduction:

A petition challenging a Government Order providing free travel exclusively for females, including transgenders, on public transport in Telangana was filed before the Telangana High Court. The petitioner argues that the order is ultra vires of the Road Transport Corporation Act, 1950, and violates Article 15 of the Constitution. The case, registered as WP (PIL) 6 of 2024, questions the jurisdiction of the Telangana State Road Transport Corporation to pass such an order and contends that it exceeds the powers granted by the Road Transport Act.

Arguments of Both Sides:

The petitioner argues that the State Road Transport Corporation has exceeded its jurisdiction by passing the Government Order, emphasizing that only the Centre has the power to frame laws under the Road Transport Act of 1950. He asserts that the Corporation’s function is to provide efficient, economical, and coordinated transport for profit, citing Section 22 of the Act. The petitioner further contends that the order goes against the business principles laid down in Section 22 and is inconsistent with the Industrial Disputes Act of 1947, as Road Transport Corporation services are not considered ‘public utility services.’ Additionally, the petitioner raises concerns about discrimination, inconvenience, and potential environmental issues resulting from free travel.

Court’s Judgement:

The Telangana High Court, presided over by Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, directed the registry to register the petition as a writ, considering the petitioner’s admission of personal aggrievement by the Government Order. The court’s decision will involve a thorough examination of the constitutional and legal aspects of the order, addressing issues related to jurisdiction, discrimination, and the impact on public transport services.