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After observing that the petitioners cannot claim financial assistance as a matter of right, the Gujarat High Court dismissed a petition filed by two Railway Station Auto Rikshaw Drivers' Unions seeking financial assistance from the Gujarat State Government under the Atma Nirbhav Gujarat Scheme A division bench comprising Justice Bela M. Trivedi and Justice Bhargav D. Karia observed that all businesses and professions have been badly affected by the covid 19 pandemic. Globally, the Covid Pandemic has affected people's lives and livelihoods, causing significant financial losses in every sector of society. In addition, it said: When all businesses and professions have been adversely affected by the pandemic, the petitioners cannot claim as a matter of right to receive financial assistance or monetary benefits for auto rickshaw drivers. As a result of a petition filed by auto-rickshaw drivers, the Gujarat High Court has ruled that a separate relief package for auto-rickshaw drivers will not be granted due to the Atma Nirbhar Gujarat Sahay Yojna. This was the basis for seeking reasonable financial assistance for the petitioners' union members during the lockdown and thereafter for the survival of their families, in accordance with section 12 of the Disaster Management Act, 2005 (DMAct).
A lawyer for the petitioners, Advocate KR Koshti, testified that members of unions had suffered huge financial losses and that the State had not provided any specific reliefs or facilities to unorganised or self-employed workers. They were treated as self-sufficient individuals and should have received special relief package that included financial assistance under the provisions of the Disaster Management Act, according to the argument made by the auto-rickshaw drivers. Also, the state government has from time to time provided reliefs, including free food, medical coverage and shelter, as well as ex-gratia assistance to those who have lost their livelihoods. The Court made its decision immediately.
As a result of the dismissal of the petition, the court noted: Unless the policies are contrary to statutory or constitutional provisions or are arbitrarily, the wisdom and advisability of the policies are ordinarily not amenable to judicial review, as per the settled legal position.
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