MOHAMMED IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE common question that arises for consideration in all the above Original Petitions is as to whether a number notified for advance reservation under R. 95 (2) of the Kerala Motor Vehicles Rules (hereinafter referred to as 'the Rules'), if it is reserved under R. 95 (4) of the Rules by one or more persons by paying the prescribed fee on a particular day, shall remain open for reservation by any other person on any other day.

(2.) HEARD the learned counsel for the petitioners, respondents and the learned Government Pleader.

(3.) THE Senior Deputy Transport Commissioner filed a counter on behalf of the State contending that the circular was issued clarifying the position that the number should be left open for reservation by different persons on different days. If the contention of the petitioners that the number shall be available for reservation only on a particular day, then the right of other applicants who could not apply on the same day for reservation of the above number shall be defeated and considering the above aspect the circular 10/2001 was issued whereby an opportunity can be availed of by all persons who intend to reserve the same number which comes within the range. It was further contended that the above circular is in accordance with the spirit of the provisions and as such it is not liable to be quashed. Though such an argument was advanced by the learned Government Pleader and Sri. K. Ramakumar appearing for the additional fourth respondent in O. P. No. 3719/2002, they could not substantiate the same. Reservation itself is a privilege conferred to the person who comes first and reserves the number by paying the prescribed reservation fee. When once a person applies for reservation by paying the prescribed fee, that number, in fact, get reserved in his name. As per R. 95 (4) of the Rules, if more than one application is received on the same day, then only an auction is contemplated and allotment of the number to the highest bidder. When once that number is reserved on a particular day, it does not remain open for reservation on any other day in view of sub-r. 4. Sub-r. 5 specifies reservation of any number within the range of 250 numbers from the last number registered in the serial order and it cannot be held that the same number shall remain open for reservation on all other days. Hence, the argument advanced by the learned Government Pleader cannot be accepted and the circular issued by the Transport Commissioner alleged to be clarification of the Rules cannot be upheld. THE circular is not in accordance with the provisions of R. 95 (4) and (5) of the Rules and as such the circular is liable to be quashed as prayed for in some of the Original petitions.