UNNIRI Vs. HAJI K MOHAMMED

JUDGEMENT

(1.) In pursuance of a notification issued on January 12,1960, inviting applications for the grant of permits for running two express stage carriages on the Guruvayur - Nilambur route, 16 applicants came forward, and by an order dated April 14, 1960, the State Transport Authority granted one permit to applicant No. 1 and another to applicant No. 13. On appeals by applicants Nos. 1 and 16 the State Transport Appellate Tribunal confirmed the grant of permit to applicant No. 13, cancelled the permit issued to applicant No. 1 and in its stead granted a permit to applicant No. 16. Applicants Nos. 1 and 7 filed writ petitions in this High Court challenging the latter order and on September 26, 1961, Vaidialingam, J. upheld the grant of permit to applicant No. 16, quashed that granted to applicant No. 13 and directed the S. T. A. T. 'to consider afresh the competing claims of applicants Nos. 1, 7 and 13 inter se and to select the best among them for the issue of one permit', allowing applicant No. 13 to ply a bus in the meanwhile. By virtue of that order the grant of one permit to applicant No. 16 became final, and there remained only the selection of one from applicants Nos. 1,7 and 13 for the second permit. On December 18,1961, the State Transport Appellate Tribunal granted the second permit to applicant No. 1 who is the first respondent herein. The appellant who is applicant No. 13, filed O. P. No. 3507 of 1961 challenging that order; but it was dismissed by a learned Judge of this Court on February 9, 1962; and this appeal is against that order of dismissal.

(2.) The State Transport Appellate Tribunal has considered the qualifications of applicants Nos. 1, 7 and 13 and observed:

(3.) Thus, the additional sector qualification acquired by the 1st respondent subsequent to the order of the State Transport Authority has been considered by the State Transport Appellate Tribunal as an "important matter" in weighing the rival claims of the applicants for the permit. The Tribunal has assumed that P. S. N. Motors Ltd. v. Ganghadhara Menon (1960 KLT 1324) is an authority for such after acquired qualifications being taken consideration of in appeals from orders of a Transport Authority. That decision has not laid down that qualifications acquired after the order of the Regional or State Transport Authority can be given any consideration in appeals against orders of the Authority granting stage carriage permits. The passage relied on reads thus: