KODALI KUMARA SWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Ninety private bus operators of Vijayawada have filed this writ petition for the issue of a writ of mandamus declaring that the petitioners are having fundamental rights under Art. 21 of the Constitution of India i.e., the right to live and to carry on their profession or occupation under Art. 19(1)(g) of the Constitution of India in running the stage carriage buses as per the original permits granted by the authorities on Vijayawada Town Service routes. They also seek a declaration that Section 99 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988) is a fraud on the Constitution of India and seek a further declaration that the impugned notification, published in Deccan Chronicle English News- Paper Daily dated 9-2-1991 (bearing Memorandum No. 22/Tr.IV/90 dated 5-2-1991) cannot affect the fundamental right of the petitioners in carrying on their profession and occupation of running the buses. They also seek a declaration that the impugned notification dated 5-2-1991 is illegal and void and not in accordance with the order of this court passed in W.P. Nos. 18385/89 and 11867/90 dated 28-12-1990.

(2.) This comprehensive prayer in the writ petition, therefore, is to be judged in the light i of the facts alleged in the affidavit filed by the 2nd petitioner in support of the writ petition.

(3.) All the petitioners are citizens of India and they claim to have a fundamental right to carry on their profession and occupation guaranteed to them under Art. 19(1)(g) of the Constitution of India. Furthermore, under Art. 19(6)(i) it is provided that professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business can be prescribed by the State authorities. Under Art. I9(6)(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise is provided.