A VISWANATHAN Vs. STATE TRANSPORT APPELLATE TRIBUNAL PONDTCHERRY

JUDGEMENT

(1.) This appeal by special leave is filed against the order dated April 3, 1986 passed by the State Transport Appellate Tribunal, Pondicherry, (hereinafter referred to as 'the Tribunal') setting aside a temporary permit to ply a stage carriage issued in favour of the appellant in respect of the route Pondicherry to Madras via Thirukanur, Vikaravandi, Tindivanam and Chingleput under S. 62, Motor Vehicles Act, 1939, (hereinafter referred to as 'the Act') and granting it in favour of respondent 2 A. Balasundaram for the remaining period of the temporary permit, i.e., up to May 31, 1986. The period of the temporary permit having come to an end no further orders are necessary as regards the person who could operate a stage carriage under that permit. This appeal could have been disposed of with this observation but we are compelled to pronounce a detailed order in this case having regard to the slackness that is creeping into the manner in which the provisions of the Act are being administered by some transport authorities.

(2.) Chapter IV of the Act deals with the control of transport vehicles. Section 42 of the Act lays down that no owner of a transport vehicle shall use or permit the use of the vehicle in any public place whether or not such vehicle is actually carrying any passenger or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or the Commission authorising the use of the vehicle in that place in the manner in which the vehicle is being used. Section 44 of the Act provides for the constitution of the State Transport Authority and the Regional Transport Authorities to exercise and discharge the respective powers assigned to them under the Act. The said Chapter contains the provisions under which permits may be issued by the Regional Transport Authority for running a stage carriage, a contract carriage. a private carrier and a public carrier. It also provides for the issue of permits valid for the whole or any part of India for running tourist vehicles. Chapter IV contains the provisions regarding the manner in which the applications have to be made for different kinds of permits and the procedure that has to be followed in each case for granting such permits. Section 47 of the Act which is in Chap. IV deals with the procedure to be followed by a Regional Transport Authority. In considering an application for a stage carriage permit the Regional Transport Authority should have due regard to the following matters, namely:(a) the interest of the public generally; (b) the advantages to the public of the service to be provided. including the saving of time likely to be affected thereby and any convenience arising from journeys not being broken; (c) the adequacy of other passenger transport services operating or likely to operate in the near future, whether by road or other means, between the places to be served; (d) the benefit to any particular locality or localities likely to be afforded by the service; (e) the operation by the applicant of other transport services, including those in respect of which applications from him for permits are pending; and (f) the condition of the roads included in the proposed route or area. It should also take into consideration any representations made by persons already providing passenger transport facilities by any means along or near the proposed route or area, or by any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government, or by any local authority or police authority within whose jurisdiction any part of the proposed route or area lies. A reading of the aforesaid provisions shows that the paramount consideration that should govern the decision of a Regional Transport Authority in issuing a permit to run a stage carriage is the interest of the general public.

(3.) Since it was felt that the permits for plying stage carriages issued by the several Regional Transport Authorities in India were being cornered by persons belonging to richer and more advanced classes in society and persons belonging to the Scheduled Castes, Scheduled Tribes and other economically weaker sections of the community were not able to compete with people who were rich and more advanced, Parliament amended S. 47 of the Act by Act 47 of 1978 by introducing provisions for making reservation of certain percentage of stage carriage permits to persons belonging to Scheduled Castes, Scheduled Tribes and economically weaker sections of the community. After the above amendment S. 47(1A) of the Act provides that the Government of a State shall reserve in that State certain percentage of stage carriage permits for the Scheduled Castes and the Scheduled Tribes and the reservation of permits under the said provision is directed to be made in the same ratio as in the case of appointments made by direct recruitment by public services of the State. Such reservation appears to be mandatory. Sub-section (1C) of S. 47 of the Act provides that the Government of a State may, having regard to the extent to which persons belonging to economically weaker sections of the community have been granted stage carriage permits in that State (a) reserve in that State such percentage of stage carriage permits, as may be prescribed, for persons belonging to economically weaker sections of the community; or (b) notwithstanding anything contained in the proviso to sub-s. (1) of S. 47 give preference, in such manner as may be prescribed, to applications for stage carriage permits from such persons. Sub-section (1D), of S. 47 of the Act provides that the number of permits reserved under sub-s. (1B) and cl. (a) of sub-s. (1C) of S. 47 shall not exceed fifty per cent of the total number of stage carriage permits granted during a calendar year. The reservation made in favour of the Scheduled Castes and the Scheduled Tribes is protected by cl. (4) of Art. 15 of the Constitution which provides that nothing in Art. 15 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Such special provision would, therefore, be out of the mischief of Cl. (1) of Art. 15 which provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. It is also in consonance with Art. 46 of the Constitution. Such special provision is necessary to assist the members belonging to the Scheduled Castes and Scheduled Tribes and to the weaker sections of society economically as they cannot otherwise compete with the other sections of society. After the introduction of sub-ss. (1A) to (1H) into S. 47 of the Act the Government of India sent a communication to all the State Governments and Union Territories to implement the reservations for members belonging to Scheduled Castes and Scheduled Tribes provided therein without delay. It reads thus: