The Kerala High Court on Monday dismissed a Public Interest Litigation (PIL) challenging the state government’s newly-launched “Priyadarshini Scheme, which provides free travel to all women and transgender persons in ordinary KSRTC buses.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM dismissed the PIL petition that sought to quash the Government Order (GO) which introduced the scheme.
“There is nothing before us that Exhibit P1 G.O is contrary to the statutory norms or is perverse or illegal. Hence the litigation fails and it is dismissed,” the Court pronounced.
The court rejected the argument that a few affluent beneficiaries could invalidate a welfare scheme targeted at broader socio-economic empowerment.
The PIL petitioner, Muhammed Firdouz, challenged the scheme on the ground that it was arbitrary, discriminatory, and violative of Articles 14 and 15 of the Constitution of India.
He claimed that there was no income criterion, residential qualification, or specifically identified disadvantage that was sought to be remedied by the scheme which would cost the public exchequer approximately Rs.2 crores per day or around Rs.800 crore per annum.
“The Impugned GO itself acknowledges the financial impact by creating a ‘dedicated cash-transfer mechanism’ and directing the KSRTC CMD to develop non-fare revenue sources, which is an admission that the scheme imposes a significant, ongoing burden on a public institution already receiving Rs. 1,500 Crore per year in State support, now burdened with an additional Rs. 800 Crore without any demonstrated operational, social, or constitutional necessity,” the petition stated.
The state government submitted that similar travel schemes are available in different parts of the country and contended that gender-based affirmative action has been affirmed by the Supreme Court.