P TEJ RAJ SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In these writ petitions presented against the order of the Karnataka State Transport Appellate Tribunal ('the Tribunal' for short) allowing a batch of appeals, partly and modifying the order of the State Transport authority regarding the grant of all India Tourist Vehicle Permits ('T.V. Permits' for short) under sub-section (7) of Section 63 of the MOTOR VEHICLES ACT, 1939 ('the Act' for short). Two questions concerning the constitutional validity and the interpretation of the proviso to sub-section (7) of Section 63 of the Act arise for consideratfon.

(2.) The said sub-section reads :

(3.) The facts of the case, in brief, are as follow : The Section empowers the Central Government to fix the number of tourist vehicles in respect of which All India Tourist Vehicles Permits could be granted by the competent authority in the respective States. In exercise of the power under the provision, the Central Government by its order dated 19th December, 1977 permitted the grant of T. V. Permits for 50 Omni buses by the State Transport authority of Karnataka (S T.A. for short), The proviso to Section 63(7) was introduced by Act No. 47 of 1978. It came into force with effect from 4-5- 1978 Prior to the introduction of the proviso into sub-section (7) of Section 63, 34 T.V. permits were granted by the S.T.A. on consideration of all the pending applications. After 4-5-1978 two more permits were granted in. favour of private operators. The resultant position was only 14 permits remained for being disposed of by the S.T.A. Applications were invited in respect of the 14 permits. Large number of persons made applications before the State Transport authority of this State between 1976 and 1984. On account of various Court proceedings instituted by persons interested in the matter, there had been inordinate delay in the disposal of the applications. Ultimately, the Supreme Court by order dated 1-2-1984 directed that all the pending applications in respect of T.V. Permits should be disposed of before 30-4-1984. By 16-4- 1984 the total number of applications had swelled to 495. Out of them, the number of applications coming under the preferential category were as below : All the 495 applications were taken up for consideration by the S.T.A. on 5th, 6th and 7th April, 1984. The relevant rule applicable for the disposal of the above applications is sub-rule (4) of Rule 123A. The said sub-rule reads :