ACHANKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Facts: The bus operation in the Thiruvananthapuram city was nationalised under the schemes notified on 16th October 1965, 26th June 1962 and 11th December 1975 whereby only K.S.R.T.C., i.e. Kerala State Road Transport Corporation, hereinafter referred to as 'the Corporation', alone could conduct stage carriage service in the city and in the surrounding areas. During November, 1993, a section, of the employees of the Corporation went on strike putting the travelling public to hardship. Therefore, as a relief measure the Government issued temporary permits to private operators till the Corporation resumed services. Even after the strike was called off, the Government appears to have decided as a policy to continue private stage carriages in the city by issuing temporary permits. Government of India by notification S. O.954 (E), dated 15th December 1993 directed the State Government to limit the number of stage carriages operating in the city routes in Thiruvananthapuram city only. Government of Kerala considered it as expedient to issue the notification in G. O. (P) No. 108/94/P.W. and T., dated 24th November 1994 limiting the number of stage carriages. In keeping with the line of the policy of the Government and in order to provide transport facilities the Government issued on the same day another notification modifying the then existing scheme in exercise of the power under sub-S.(2) of S.102 of the Motor Vehicles Act, 1988, whereby private buses may be

(2.) There are two batches of writ petitions: (i) O.Ps. challenging the first notification, dated 24th November 1994 and for further directions not to grant permits in pursuance of the decision taken by the R.T.A. dated 29th December 1994; (ii) O.Ps. filed by the grantees seeking for a mandamus to direct the Secretary to R.T.A. and the concerned officials to issue permits in pursuance to the grant and also challenging the notification; dated) 7th March 1995 rescinding the earlier notification besides challenging the subsequent notification dated 24th March 1995 which specifically prescribes 10 per cent reservation for SC/ST.

(3.) Contentions. The contentions of the petitioners challenging the notification dated 24th November 1994 who are also the appellants in the writ appeals since the learned Judges upheld the said notification are as follows: