Delhi High Court: In a case wherein petition was filed for recognition of transgender community as a third gender for providing free travel to them in buses, a Single Judge Bench of Manpreet Pritam Singh Arora, J.* directed the Government the decide the said matter within one month, failing which the Managing Director of Delhi Transport Corporation (“DTC”), Respondent 2 should remain present in the Court on the next date of hearing.
The petitioner had earlier filed a Public Interest Litigation (“PIL”) in W.P. (C) 14789 of 2022, for an appropriate writ/order/direction to the respondents for recognition of transgender community (TG Community) as a third gender in the matter of providing free travel to them in buses operated by the Delhi Transport Corporation. The Court disposed of the PIL on 19-10-2022 and directed respondents to take a decision within 4 months. Thereafter, the present petition was filed seeking compliance with these directions.
Counsel for the petitioner submitted that the four month’s period granted to the respondents expired on 19-2-2023 and therefore, the wilful non-compliance of the order was writ large on the record. It was further submitted that the indecision of the Government was causing grave prejudice to the petitioner who suffered during his bus travel and he, therefore, prayed that the respondents be directed to take a decision expeditiously. The petitioner also submitted that the direction issued through the Government was limited to taking a decision on the representation of the petitioner and therefore, the respondent’s inaction and non-consideration of the said representation for more than six months was certainly protracted.
The Court opined that at the request of the Counsel for the respondents, by way of a last opportunity, the matter was adjourned, and the respondents were directed to comply with the orders within one month, failing which the Managing Director of DTC should remain present in Court on the next date of hearing.
The matter would next be listed on 18-8-2023.
[Amit Juyal v. Govt. (NCT of Delhi), Cont.Cas (C) 513 of 2023, decided on 21-4-2023]
Advocates who appeared in this case :
For the Petitioner: Arkaneil Bhaumik for Dr. Amit George, Advocates;
For the Respondents: Udit Malik, ASC; Avnish Ahlawat, Standing Counsel; and Tania Ahlawat, Vishal Chanda, Advocates.
*Order by: Justice Manpreet Pritam Singh Arora