K KAMALAM Vs. R PONNUSWAMY

JUDGEMENT

(1.) These two appeals by special leave are directed against a common judgment of the Madras High Court dated April 20, 1976 in civil revision petitions which were filed by R. Ponnuswamy, R. Pachamuthu Udayar and M. Ramaswami.

(2.) There were fifteen applicants for the grant of a stage carriage permit on the Rasipuram-Pallipalayam route, in Salem district. The Regional Transport Authority granted a permit to R. Ponnuswamy, and rejected the other applications, by his order dated October 4, 1974. Several appeals were filed before the State Transport Appellate Tribunal, Madras. The tribunal took the view that a person having the maximum sector qualification was to be preferred if he possessed the other necessary qualifications. It accordingly held that as "sector qualification" was a vital factor, the qualifications of the appellants had to be considered "only in that background". It allowed Smt. Kamalam"s appeal by its judgment dated January 5, 1976, on the ground that she had a superior claim for the grant of the permit because of her sector qualification on the unserved portion of the route, and dismissed the other appeals.

(3.) R. Ponnuswamy (to whom permit was granted by the Regional Transport Authority). R. Pachamuthu Udayar and M. Ramaswami felt aggrieved and filed revisions petitions before the High Court under S. 64-B of the Motor Vehicles Act, hereinafter referred to as the Act. As the High Court has ordered a "fresh consideration" of the claims of R. Ponnuswamy, R. Pachamuthu Udayar and of Smt. Kamalam by the Tribunal, these two appeals have been filed by Smt. Kamalam.