GURDIP KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This order shall dispose of petitions bearing CWP Nos. 4646 and 4718 of 2009 as the issue raised in both the petitions is same. Facts are being taken from CWP No. 4646 of 2009.

(2.) The instant petition filed under Article 226 of the Constitution prays for quashing order dated 25.11.2008 (P.6) passed by the State Transport Appellate Tribunal, Punjab, Chandigarh (for brevity 'the Tribunal') dismissing the appeal filed by the petitioner under Section 89 of the Motor Vehicles Act, 1988 (for brevity 'the 1988 Act'). A prayer has also been made for declaring the Punjab Mini Bus Service Scheme, 2007 (for brevity 'the Scheme') (P.5) as wholly illegal, void and ultra vires of amended provisions of the 1988 Act and also fundamental rights of the petitioner guaranteed by Articles 14 and 19(1)(g) of the Constitution.

(3.) Brief facts of the case necessary for disposal of the instant petition are that the petitioner filed an application for grant of one stage carriage permit for plying four return trips daily for the operation of a mini bus on Maur-Talwandi Sabo via Maur-Charat Singh-Mari-Mansa Burj Seikhpura-Lellewala route. The State Transport Commissioner rejected the application on 20.12.2007 despite the fact that no objections were filed after issuance of notice for the grant of permit. Thereafter the petitioner filed an appeal under Section 89 of the 1988 Act. The Tribunal upheld the order passed by the State Transport Commissioner, Punjab holding that the Punjab Government had already published a draft scheme known as The Punjab Mini Bus Service Scheme 2007 vide notification dated 23.8.2007. The view of the Tribunal is discernible from para 6 of the order dated 25.11.2008 which reads thus :