Will the Supreme Court entertain an Article 32 challenge to a State notification not challenged before the High Court?

No. Where there was no challenge before the High Court to the notification dated 19 January 2023, the Court was not inclined to entertain the challenge to it in proceedings under Article 32 of the Constitution, the petitioners being at liberty to pursue the alternate remedy under Article 226 before the High Court. Liberty was accordingly granted to move the High Court, which shall consider any such challenge uninfluenced by the observations contained in the impugned judgment.

Motor Vehicles Act, 1988 — s.93 — s.96 — Motor Vehicle Aggregator Guidelines, 2020 — cl.15 — Constitution of India, 1950 — Art.32 — Art.226 — Aggregator licence — Bike taxi — Motor Vehicles Act, 1988 — s.93 — Central guidelines persuasive, not mandatory — Held: The first proviso to Section 93(1) says the State Government "may follow" the guidelines issued by the Central Government. The Motor Vehicle Aggregator Guidelines 2020 therefore have persuasive value and are not mandatory, the ultimate decision on a licence resting with the State Government. (¶9) Motor Vehicle Aggregator Guidelines, 2020 — cl.15 — Written rationale for prohibition — Held further: Under clause 15(1) the pooling of non-transport vehicles may be provided by the aggregator unless prohibited by the State Government. The rationale for such a prohibition has to be specified in writing and accessible on its transport portal. (¶8) Constitution of India, 1950 — Art.32 — Art.226 — Alternate remedy — Liberty to challenge notification — Held further: A challenge to a notification never raised before the High Court will not be entertained under Article 32 where the alternate remedy under Article 226 is available. Liberty was granted to move the High Court uninfluenced by the impugned observations; petitions disposed of. (¶17, 20)

One judgment a day. That's the whole habit.

Read the full text of Roppen Transportation Services Pvt. Ltd. v. Union of India & Ors. — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.

Free forever plan · 30 seconds · data stays in India