JAMEELA Vs. REGIONAL TRANSPORT AUTHORITY AND OTHERS

JUDGEMENT

(1.) These writ petitions are filed challenging orders issued by the Regional Transport Authority rejecting the applications made by the petitioners for what was styled as a variation of permit. It is submitted that the petitioners in these writ petitions had sought for the rearrangement of single trips on the route by changing the operating time by providing trips during the night time. It is stated by learned counsel for the petitioners that no change in the routes or any curtailment or variation of the route had been sought for by the petitioners. It is stated that there was no increase in the number of trips above the specified maximum since what was sought was to cancel two trips being operated in the afternoon by substituting two trips during the night time.

(2.) Petitioners, however, have made the applications as applications for variation of permit. The applications were rejected on the ground that the modified scheme on the route did not permit any variation of existing permits. Petitioners had approached this Court and the orders rejecting the applications for variation were set aside and the matter was remanded to the Regional Transport Authority for a fresh consideration.

(3.) The Regional Transport Authority again considered the issue and by the orders impugned in these writ petitions, held that the modified scheme provided that the existing private operators had been allowed to operate on the routes without any variation of the permits granted to them. It is stated that as per Clause 19 of the notified scheme, variation of existing permits was not liable to be granted. It is stated that since the petitioners permit is a saved permit, the proposed variation cannot be granted under any circumstances, as per the conditions contained in the modified scheme notified on 23.03.2017. The applications for variation therefore rejected.