(1.) BY an order passed by the Regional Transport Authority, Kozhikode, at its meeting held on 30-10-1961, a permit was issued to the petitioner who was applicant No. 2 on the route Murad-Azhiyur Sub Registry Office, via Badagara. The seventh applicant before the Regional Transport Authority is the second respondent to this writ application. The Regional Transport Authority allotted the highest marks among the applicants to applicant No. 7, but denied him a permit on the ground that
(2.) APPEALS were taken by the unsuccessful applicants before the State Transport appellate Tribunal, the first respondent herein, and the State Transport Appellate tribunal by order produced along with this writ application, Ext. P-3, cancelled the issue of the permit to the petitioner and granted the permit to the second respondent. It is this order Ext. P-3, that is challenged in this writ application.
(3.) VARIOUS contentions were raised by counsel on behalf of the petitioner. Firstly it is submitted that G. O. No. 1298 and the principles laid down therein have been relied on by the Regional Transport Authority and the State Transport Appellate tribunal and that this should not have been done. Support for this proposition was sought to be gained from the observations in a Judgment of this Court in Writ appeal No. 67 of 1962. That Judgment in Paragraph 2 commented on the cancellation of the above G. O. and the direction given by the Government in their d. O. letter dated 23-1-1959 to the District Collectors Kozhikode, Palghat and Cannanore, who are ex-officio Chairmen of the respective Regional Transport authorities. In the letter dated 23-1-1959 it is said: