M R KOHLI Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) In pursuance to a Brochure issued by State Transport Authority for the grant of stage carriage permitss, the petitioner applied for grant of such permits. According to the Brochure an individual shall not be granted more than five permits. The State Transport Authority on 29th May, 1992 conducted draw of lot for grant of permits and the petitioner in the draw of lots succeeded in getting two more than two permits. Petitioners have also alleged that after grant of permits, most of the petitioner have made investment in purchasing specified model of buses for operating on the route. Since, however, according to the petitioner, they are not being issued permits in accordance with the draw of lots, they have filed this writ petition.

(2.) The stand taken by the respondent in the counter-affidavit is that applications were invited for allotment of 3,000 Stage Carriage Permits to the parties. In all, 10,347 applications were received. After scrutiny, 9635 applications were fond eligible by the STA. Since the number of eligible applicants was more than 3 times the number of permits available, necessarily the only way by which the persons to whom 3000 permits could be granted ot of eligible applicants without giving any scope for bias or favouritism, was by draw of lots amongst equals in front of public and all the eligible applicants. Nodoubt an individual is entitled to a maximum of 5 permits but it is not that he must be given the number of permits he has applied for. After draw of lots was conducteed, it was decided to give one permit to one individual only as the number of applicants was much more than the permits to be given. Some of the applicants were getting more than one permit whereas others were getting none. Therefore, as a matter of policy by a resolution of STA dated 26.06.92 (Annexure R-1) it was decided to give one permit to one individual.

(3.) Mr. Salve, learned counsel for the petitioners has vehemently argued that once Brochure is issued by STA, draw of lot has been concluded the result of the draw of lot has been published, the grant of permits also stand finalised and granted. . Further more, once the permits are granted, STA has no power to change the policy for the grant of permits to more than one, as only ministerial act remains to be performed. We are afraid, this argument is not acceptable for the reasons that after the draw of lots, letter of intent about the result of draw has to be communicated to the persons who have been declared successful in the draw of lots and other requirements after draw of lots have also to be complied with. Unless, after complying with such requirements in accordance with law the permits are actually issued and communicated to the petitioner, the permits cannot be considered to have been granted.