Petition Nos 841 and 7281980
Under Article 32 of the Constitution R section Sharma and section M Ashri for the Petitioner in WP Nos 841 and 72880
K Parasaran So
B P Maheshwari and Suresh Seth for the RR in WP Nos 841 and 728
The Judgment of the Court was delivered by KRISHNA IYER J
We have disposed of today applications from cycle rickshaw pliers of Amritsar Municipality where a scheme has been worked out to help them become owners of cycle rickshaws
A 374 similar scheme says the Solicitor General appearing for the Delhi Administration will be extended to the Delhi territory
We therefore annex a copy of the judgment in Writ Petitions Nos
839 of 1979 and 563 of 1979 Azad Rickshaw Pullers Union Amritsar and others vs State of Punjab  others and Nanak Chand and others vs State of Punjab and others respectively to this judgment
There is another problem which arises in these two cases and that is that the Delhi Administration has put a ceiling on the total number of cycle rickshaws permissible to be plied within its territory perhaps we do not know for certain this number may not accommodate all the applicants for cycle rickshaws applying licencees
We are told that apart from the applicants in this Court under Article 32 of the Constitution there are numerous petitioners who have approached the High Court of Delhi under Article 226 of the Constitution and yet others who have filed suits in civil courts for the same relief
All that we can do is to accept the suggestion made by the learned Solicitor General that the Delhi Administration will effectively publicize and notify applications for licencees for plying of cycle rickshaws and all those who apply will be considered on their merits including length of service as cycle rickshaw pliers
The criteria that the Delhi Administration will adopt must be reasonable and relevant otherwise it will be open to the aggrieved parties to challenge the selection
Likewise we do not want to fetter the rights of parties aggrieved if the ceiling upon the total number of rickshaws permissible within the Delhi territory is arbitrary
On the basis of reasonable criteria the Delhi Administration will direct the concerned Municipal authorities to grant licences for plying rickshaws and if the applicants so chosen are not owners themselves all the facilities we have indicated in the Amritsar order will be extended to such cycle rickshaw pliers fixing reasonable time limits
With these directions we dispose of the applications
Until fresh licences are issued by the Delhi Administration and the Municipal authorities the present petitioners will be allowed to ply their cycle rickshaws


Summary:
The Delhi Municipal Corporation Which framed the Cycle Rickshaw Bye Law of 1960 under section 481 of the Delhi Municipal Corporation Act 1957 amended Bye law 3 in 1976 to provide that no person shall keep or ply for hire a cycle rickshaw in Delhi unless he himself is the owner thereof and holds a licence granted in that behalf 
In writ petitions challenging the provision  HELD In Azad Rickshaw Pullers Union Amritsar  others vs State of Punjab  others 1981 I SCR 366 a scheme had been worked out to help the rickshaw pliers of Amritsar Municipality to become owners of cycle rickshaws
374 A B 2
The Delhi Administration will effectively publicize and notify applications for licences for plying of cycle rickshaws and all those who apply will be considered on their merits including length of service as cycle rickshaw pliers
The criteria that the Delhi Administration will adopt must be reasonable and relevant
374 D 3
On the basis of reasonable criteria the Delhi Administration will direct the concerned Municipal authorities to grant licences for plying rickshaws and the applicants so chosen are not owners themselves all the facilities indicated in the Amritsar order will be extended to such cycle rickshaw pliers fixing reasonable time limits
374F