BEFORE THE HON’BLE SUPREME COURT OF INDIA

CIVIL WRIT JURISDICTION

UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

Civil Writ No.-_____/2016

Clubbed with

Writ No.-_____/2016

IN THE MATTER OF
MODERN SCHOOL OF ENVIRONMENTAL STUDIES

V.
GOVT OF NCT DELHI

COUNSEL APPEARING ON BEHALF OF MODERN SCHOOL OF ENVIRONMENTAL STUDIES

Supervised by:
Mr.Syed Mohammad Aamir Ali (Assistant Professor in Law)

Submitted by:
Name: Rubi Sharma
Roll No: 32
Course: B.A. LL.B (5 years)
Semester 10.

MEMORIAL SUBMITTED ON
0 BEHALF OF PETITIONER
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 TABLE OF CONTENTS

Page No
1. Index of Authorities-…………………………………………………….
2. List of Abbreviations-…………………………………………………… 3

3. Statement of Jurisdiction-………………………………………………..

4. Statement of Facts-………………………………………………………

5. Statement of issues-…………………………………………………

6. Summary of Arguments-…………………………………………………

7. Arguments Advanced-………………………………………………......

Issue I: Whether the petition filed by petitioner is maintainable in the hon’ble

Supreme Court of India?...........................................................................
Issues II: Is the odd even scheme implemented by the Govt of NCT Delhi
violative of Fundamental Rights under the COI?......................................

8. Prayer-………………………………………………………………………

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 LIST OF ABBREVIATIONS

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 INDEX OF AUTHORITIES

CONSTITUTION AND STATUTE

1. The Constitution of India, 1950

2. Motor Vehicle Act-1988

BOOKS

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 STATEMENT OF JURISDICTION
The Hon’ble Supreme Court of India has the jurisdiction to hear the instant matter under Art.
32 of the Constitution of India, 1950.

The Counsel on behalf of the Petitioner humbly submits Memorandum of the Plaint invoking
PUBLIC INTEREST LITIGATION UNDER ART.32   of the Constitution of India seeking
appropriate remedy for violation of Fundamental Rights guaranteed in Part III of the
Constitution of India.

Article 32 of COI state that

1) The right to move the Supreme Com by appropriate proceedings for the enforcement
of the rights conferred by this Part is guaranteed. 2)The Supreme Court shall have
power to issue directions or orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto & certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this Part. 3) Without
prejudice to the powers conferred 3) Without prejudice to the powers conferred on the
Supreme Court by clauses (1) & (2), Parliame Supreme Court by clauses (1) & (2),
Parliament may by law nt may by law empower any other court to exercise within the
local limits of its jurisdiction ill or any of the powers exercisable  by the Supreme
Supreme Court under clause (2).The (2).The right guaranteed guaranteed by this
Article Article shall not be suspended suspended except as otherwise provided for by
this Constitution.1

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ART. 32 OF THE CONSTITUTION OF INDIA
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 STATEMENT OF FACTS
1. Delhi, the sixth-most populated metropolis in the world, is one of the most heavily
polluted cities in India, having for instance one of the country's highest volumes of
particulate matter pollution which is a threat to the well-being of the city's and area's
inhabitants as well as the flora and fauna.

2. The World Health Organization in 2014, announced that Delhi the National capital of
India is one of the most polluted cities in the world.

3. The Delhi Green Tribunal (DGT) issued a fresh ban on all diesel buses and trucks
more than 5 years old from plying in the National Capital Region after it carried out a
investigation in the name of ‘Death by Breath’ series on 8th April 2015.

4. The Delhi govt. then came up with a unique order of the era whereby the vehicles
with odd and even registration numbers will be allowed on alternate days from
January 01, 2016. It also passed an order to requisition school buses to ply as
commercial, public buses after school had ended in order to encourage the commuters
of Delhi to take public transport rather than rely solely on their private vehicles.

5. Conflict arose when Modern School of Environmental Studies, Delhi were plying
school buses running on diesel purchased in 2005 for school purposes, and
coincidently, all the buses turned out to be of the odd number series. This order of the
Delhi government proved to be the last nail in the coffin for the school.

6. Modern School of Environmental Studies was not the sole victim of the ban and thus
got the support of all the private schools of Delhi. And so, aggrieved by the orders of
DGT and the Delhi government, the Action Committee for Unaided Recognized
Private Schools, Delhi has filed a Writ petition in the Supreme Court against the DGT
ban and the Odd-Even formula order of Delhi government.

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 7. And the ground of writ petition are as follows:

A. That taking the schools' own buses is in violation of Education Act which
stipulates that school's assets cannot be put to commercial use. The school
buses are the assets of the schools and allowing them for use as
commercial vehicles shall amount to violation of basic principles and
provisions of DSEAR (Delhi School Education Act and Rules) 1973.

B. That the insurance of school buses stipulates use of buses for students
only. The school buses are not permitted to be used for general public nor
should the school buses be used for hire.

C. That the road tax exemption also stipulates the buses shall not be used for
any commercial purposes.

D. That Motor Vehicles Act prescribed a fitness test, and not the vehicle’s
age, to ascertain whether it should be allowed on road or not.

The matter lies pending before the Supreme Court of India for final arguments and decision.

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 STATEMENT OF ISSUES

Issue I

Whether the petition filed by petitioner is maintainable in the hon’ble Supreme Court of

India?

Issue II

Whether the odd even scheme implemented by the Govt of NCT Delhi violative of
Fundamental Rights under the COI?

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 SUMMARY OF ARGUMENTS

I. WHETHER THE PETITION FILED BY PETITIONER IS

MAINTAINABLE IN THE HON’BLE SUPREME COURT OF INDIA?

Firstly the Hon’ble Supreme Court has unassailable and unquestionable right to hear the
present matter and the PIL is maintainable under Art.32 of the Constitution on the grounds
that the fundamental rights of freedom & liberty, equality and livelihood have been violated.
Further, it is contended that there is no need to exhaust the alternate remedies. Such disregard
to the Constitutional rights accord the petitioner locus standi to lifeline the PIL before this
Hon’ble Court.

II. WHETHER THE ODD EVEN SCHEME IMPLEMENTED BY THE GOVT

OF NCT DELHI VIOLATIVE OF FUNDAMENTAL RIGHTS UNDER
THE COI?

It is most humbly submitted before the Hon’ble Court that the Fundamental Rights i.e. right
to life & personal liberty is violated by the implementation of the odd-even scheme by the
Govt. of NCT Delhi. but due to the implementation of such a scheme citizens are unable to
exercise their rights of liberty. Art.19(1)g is also violated as the scheme restraints the practice
of profession of commercial vehicle drivers. It somehow also violates Art.14 of the
constitution because the middle class and lower class people are affected much more than the
upper class people though both of them contribute in polluting the air equally. It also violates
Art.19 clause 1 sub-clause (d) which guarantees an individual to go wherever they want or
like within the territory of India, freely, without any kind of restriction whatsoever.

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 ARGUMENTS ADVANCED

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 PRAYER

In light of the Issues Raised, Arguments Advanced and Authorities Cited, the counsel for the

Respondent humbly prays that the Hon’ble Court be pleased:

 Declare that the PIL is maintainable.

 Declare Odd-even scheme notification as void and null.

AND / OR

Pass any order that this Hon’ble court may deem fit in the interest of

Justice, Equity and Good Conscience.

AND FOR THIS ACT OF KINDNESS, THE COUNSEL FOR THE RESPONDENT AS IN DUTY
BOUND SHALL EVER PRAY

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