DEBASIS CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ application, the petitioner, an applicant for grant of Stage Carriage Permit in Route Nos. 242 and 44/44A, has challenged the decision of Regional Transport Authority, Kolkata to hold lottery for the purpose of disposal of pending applications for grant of permit in those routes.

(2.) There is no dispute that fleet strength of the routes in question was fixed in terms of notification under section 71(3)(a) of the Motor Vehicles Act, 1988 (?Act?). According to the respondents there were only three vacancies but number of candidates was nine who were all eligible in terms of the provisions contained in the Act and Rules framed thereunder. Under such circumstances, the Regional Transport Authority, Kolkata, decided that the number of eligible candidates being more than the number of existing vacancies, the fate of the applicants should be decided by lottery in the presence of a retired Judge.

(3.) Being dissatisfied, the petitioner has come up with the instant writ application.