UNITED BUS SERVICE Vs. STATE TRANSPORT

JUDGEMENT

(1.) THE State Transport Commissioner, Punjab with a view to meet the great demand of public granted two temporary stage carriage permits for plying two return trips daily on Patiala-Mahhiwar via Khanna route in favour of Punjab Roadways, Ludhiana, for a period of four months under single file system during the year 1979. Since then in the absence of any transport policy, these temporary permits continued to be issued in their favour on our monthly basis from time to time and the temporary permits issued last in their favour were valid up to 2.2.1986. The Punjab Roadways Ludhiana thereafter submitted an application for the re-issue of the said temporary permits in 1986. The system of issuing temporary permits on the routes in piece meals of four months continued till 27.7.1987 when the Supreme Court in its judgment in C.A. No. 1522 of 1987 arising out of S.L.P. (Civil) No. 8847 of 1986 ordered the cessation of all temporary permits and directed the grant of regular stage carriage-permits on all these routes where the need of the travelling public is of permanent nature.Since the existing number of bus services available on the route were found insufficient to cater to the public need, the existing strength of two permits with two return trips was raised to three permits with three return trips on the said route.

(2.) THE State Transport Commissioner, Punjab, in compliance of the orders of Supreme Court, invited applications for the grant of three regular stage carriage permits for plying three return trips on the said route, through a notice which appeared in the Motor Transport Gazette Weekly, Chandigarh dated, 8.6.1988. In response to the said advertisement, the petitioner and many other filed their applications. It may be mentioned that the Punjab Government by a notification dated. 13th of September 1979 had reserved for the members of the Scheduled Castes domiciled in Punjab, 25% of the stage carriage permits to be granted in any calendar year. A similar reservation had also been made in favour of Economically Weaker Sections of the Society.

(3.) THE State Transport Appellate Tribunal, Punjab Chandigarh, vide order dated. 11.12.1990 dismissed the appeal of the petitioner with the following observation: Obviously the benefit of the reservation category should be wide spread and this quota should not be exhausted by granting the repeated permits to the same applicant which rather negatives the motive behind the reservation. Therefore, this appellant has got no case for the grant of the permit in this case.