SHAHUL HAMEED Vs. R T A PALGHAT

JUDGEMENT

(1.) Third respondent, who is a past graduate degree holder with M.A. in English Literature and a degree in Physical Education, with conductor's licence and badge to boot, applied for the grant of a regular stage carriage permit on the route Tholannur-Malampuzha in Palghat District. The Secretary, Regional Transport Authority, Palghat, namely, the 2nd respondent had invited applications for the grant of a regular permit on the route by notification dated 11-8-1986 published in the Kerala Gazette dated September 2, 1986. The applications were required to be submitted within a period of 30 days from the date of publication of the notification in the gazette. The 3rd respondent submitted his application on October 1, 1986. but it was returned by the second respondent as defective on October 15, 1986 for not enclosing Income Tex Clearance Certificate along with the application.

(2.) Earlier and pursuant to notification dated July 3, 1986, inviting applications for grant of temporary permit on the route, the third respondent bad applied for a permit, which was accompanied by all the necessary details and documents. This was a valid application and was therefore considered by the Regional Transport Authority, the first respondent, at its meeting held on July 30, 1986. The temporary permit was granted to the third respondent in preference to others on account of his being an unemployed post-graduate requiring self employment.

(3.) This order was taken up in appeal before the State Transport Appellate Tribunal, the 4th respondent herein as per M.V.A.A. No. 463 of 1986. The Tribunal allowed the appeal by its order dated 6th November, 1986 and granted the permit to the petitioner herein for certain reasons, which it is not necessary to go into at this stage.