B. SACHAR ( 1 ) BOTH the Writ Petitions C. W. 1437/79 and C, W. 1346/79 will be disposed of by this order as they raise the same point. ( 2 ) WHETHER it is the forgetfulness of the legislature or conscious omission in giving the benefit of reservation, to Scheduled Castes. Scheduled Tribes, of the all India Tourist Permit has given rise to the present unfortunate litigation. ( 3 ) THE Motor Vehicles Act (to be called the Act) provides for the grant of permits with respect to a "contract Carriage" which means a vehicle which carries passengers for hire, under a contract express or implied for the use of vehicle as a whole. . . . . . . . , A "stage Carriage" which means a motor vehicle carrying or adapted to carry more than 8 persons tor hire or reward: and a "tourist Vehicle" which means a contract carriage constructed and maintained in accordance with such specifications as the State Government may, by notification specify; and a "public carrier" means an owner of a transport vehicle which transports or undertakes to transport goods. ( 4 ) IN October, 1978 the State Transport Authority issued a notice inviting applications for the grant of an "all India Tourist Permit" in respect of a Tourist Omnibus. The petitioner, in pursuance of the said notice is stated to have applied for the permit by its application dated 6-11-1978. No action seems to have been taken on this application because another notice appeared in the "indian Express" on 26-7-1979 inviting applications for the grant of "all India Tourist Permit" under the provisions of sub-section (7) of Section 63 of the Act. Out of the said permits 22. 5% permits were to stand reserved for the candidates belonging to Scheduled Castes and 10% for the economically weaker sections of the society. The authority for this advertisement is the resolution of 28-4-1979 passed by the State Transport Authority as Item No. 3 by which the authority decided that certain reservation for the Scheduled Castes and Scheduled Tribes and for economically weaker sections has to be made and therefore fresh applications be invited. The authority for this advertisement is the resolution of 28-4-1979 passed by the State Transport Authority as Item No. 3 by which the authority decided that certain reservation for the Scheduled Castes and Scheduled Tribes and for economically weaker sections has to be made and therefore fresh applications be invited. ( 5 ) THE main grievance in the writ petition is that this reservation in the matter of grant of permit for what is generally called the all India Tourist Permit is not warranted by the statute i. e. the Motor Vehicles Act. The Act provides for a detailed procedure for application, consideration of objection and passing order with respect to permits. The Act contemplates issue of a "stage Carriage Permit or "contract Carriage Permit" or a "public Carrier" permits. Thus the application and grant of contract carriage permit is governed by Sections 49 to 51 of the Act; that of public carrier in Sections 54 and 56 of the Act, and of stage carriage permit in Sections 47 and 48 of the Act. ( 6 ) SECTION 63 (1) of the Act provides that except as otherwise provided the permit granted by the Regional Transport Authority of any one region shall not be valid In any other region, unless the permit has been countersigned by the Regional Transport Authority of that other region. This regional restriction was obviously a hinderance in the free and easy flow of the traffic especially tourist traffic throughout the country and evidently with a view to remove. this obstacle sub-section (7) of Section 63 of the Act permitted the State Transport Authority, for the purpose of promoting tourism, grant permits valid for the whole or in any part of India in respect of any such number of tourists. This is what is called generally the "all India Tourist Permit" which is the subject matter of enquiry before us. ( 7 ) PARLIAMENT Act 26/1976 had also inserted sub-section (11) of Section 63 permitting the Central Government for the purpose of encouraging long distance inter-State road transport to grant, in a State, national permits to the owners of motor vehicles who use or intend to use, such vehicles for the carriage of goods, for hire. ( 7 ) PARLIAMENT Act 26/1976 had also inserted sub-section (11) of Section 63 permitting the Central Government for the purpose of encouraging long distance inter-State road transport to grant, in a State, national permits to the owners of motor vehicles who use or intend to use, such vehicles for the carriage of goods, for hire. The Explanation to sub-section (11) of Section 63 defines the national permit as a permit granted by the appropriate authority to the owner of a motor vehicle authorising him to operate as a public carrier throughout the territory of India. ( 8 ) SOMETIME later the legislature realised that the Scheduled Castes and Scheduled Tribes and the weaker sections needed not only the protection in the matter of public employment but also in the other sections of economy of the country. Evidently with a view to give them encouragement a further amendment was made in the Motor Vehicles Act by Parliament Act No. 47/1978. By Section 21 of the amendment Act of 1978. Section (1-A) has been added (in S. 47) by which the Govt. of State shall reserve certain percentage of stage carriage permits tor the Scheduled Castes. ( 9 ) SIMILARLY by Section 22 of the Amendment Act 1978, (S. 1-A) was added (in S. 55) by which certain percentage of public carriage permits was reserved for Scheduled Castes and Scheduled Tribes. ( 10 ) SECTION 24 of the Amendment Act 1978 added a proviso to sub-section (7) of Section 63 laying down that preference shall be given to application for permits for certain categories like the tourism department and State Tourist Department. But unfortunately no preference was indicated for the Scheduled Castes and Scheduled Tribes or weaker sections of the community. ( 11 ) SUB-SECTION 11 (A) was added to Section 63 requiring the State Government to reserve certain percentage of national permits for the Scheduled Castes and Scheduled Tribes. ( 12 ) THE impugned resolution dated 28-4-1979 has made reservation both for the national permit and all India Tourist Permit So far as the reservation for national permit is concerned the same is obviously not open to any objection. ( 13 ) THE only contention raised by Mr. Bhandari the learned counsel for the petitioner is to the reservation for the grant of all India Tourist Permits as per notice dated 26-7-1979 (Ex. P-2 ). The contention has force. ( 13 ) THE only contention raised by Mr. Bhandari the learned counsel for the petitioner is to the reservation for the grant of all India Tourist Permits as per notice dated 26-7-1979 (Ex. P-2 ). The contention has force. As seen above there is reservation for stage carriage , public carrier and for national permits which is to operate a public carrier. There is unfortunately no reservation for contract Carriage permit, nor under Section 63 (7) which deals with case in hand. The State Transport Authority which has to function under the Act cannot on its own make any reservation, not permitted by the Act. A reference to the Act 47 of 1978 will show that wherever reservation was to be provided for Scheduled Castes etc. the same has been so specifically provided. national permit is defined to be a permit for public carrier and obviously does not permit reservation for all India Tourist Permits . One might have toyed with the idea that there was a little bit of ill drafting in the use of word national permit in sub-section 11 (A) of Section 63 and that it was meant to include also all India Tourist Permit which is issued under sub-section (7) of the Section 63. But an instant reflection prevents such a course being adopted. National permit is defined as a permit to operate a motor vehicle as public carrier, and that will exclude the present All India Tourist Permits. A proviso has been added to sub-section (7) of Section 63 by Section 24 of the Amendment Act in which preference has been indicated for grant of application for permits to certain categories but no reservations have been made for this category of permits for the Scheduled Castes and the weaker sections. It is apparent that the legislature has deliberately left out the reservation for Scheduled Castes etc. for these All India Tourist Permits. We are of course not aware why the legislature has done so. Whatever be the cause, this court in spite of the laudable intention and objectives of State Transport Authority cannot supply the omission. The result is that in the absence of specific reservation for Scheduled Castes etc. for the all India Tourists Permits the present effort of the State Transport Authority to reserve certain percentage of permits for the Scheduled Castes etc. though extremely laudable cannot legally be upheld. The result is that in the absence of specific reservation for Scheduled Castes etc. for the all India Tourists Permits the present effort of the State Transport Authority to reserve certain percentage of permits for the Scheduled Castes etc. though extremely laudable cannot legally be upheld. It is indicated by the counsel for the State that possibly an effort is being made to provide by law reservation for all India Tourist Permit also. That of course is a matter for the authorities to carry out. For the present unfortunately the reservation sought to be made by resolution of 28-4-1979 in so far as it makes a reservation for the all India Tourist Permit cannot be upheld and Is quashed. The reservation so far as the national permit is concerned and the resolution and the consequent action thereto are immune from challenge and are upheld. We may mention that though in the petition challenge had been made to the constitutionality of the reservation, Mr. Bhandari has not addressed us on that aspect because on the wording of the statute the provision for making reservation for Scheduled Castes for all India Tourists Permit is being quashed. As a result the Writ Petitions are allowed as above. The respondent will now proceed in the grant of permits in accordance with law and in the light of our judgment. There will be no order as to costs.