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Rajasthan High Court · body

1993 DIGILAW 162 (RAJ)

Prakash Chand v. Regional Transport Authority Jodhpur

1993-03-11

A.K.MATHUR

body1993
Honble MATHUR, J.—All these three writ petitions involve common questions of law and facts, therefore, they are disposed of by this common order. (2) For the convenient disposal of all these writ petitions, the facts given in the case of Prakash Chandra vs. Regional Transport Authority, Jodhpur and Anr. (S.B. Civil Writ Petition No. 1044 of 1993) are taken into consideration, (3) The petitioner by this writ petition has prayed that the respondents may be directed to consider and decide the applications for the grant of stage carriage permits on Chohtan to Ahmedabad via Dhanau, Bakhasar, Gandhava, Sanchore route in accordance with the provisions of rule 5.2 of the Rajasthan Motor Vehicles Rules, 1990 by holding a meeting and not by circulation. It is further prayed that the respondents may be restrained from considering such applications on the impugned route by circulation till the R.T.A. meet at such time and at such place as the Chairman, R.T.A., Jodhpur may appoint in accordance with the said rule. (4) Chohtan to Bakhasar via Dhanau is an existing route in Banner district which is now under the regional jurisdiction of the Regional Transport Authority, Jodhpur Region, Jodhpur. 4 stage carriage permits were sanctioned on the said route and the petitioner is the holder of one of such stage carriage permit covering bus No. R.J.C. 4297 on the said route. Prior to the coming into force of the Motor Vehicles Act, 1988 with effect from 1.7.1989 and the Rajasthan Motor Vehicles Rules, 1990, the Motor Vehicles Act, 1939 and the Rajasthan Motor Vehicles Rules, 1951 were in force. The procedure for grant of a stage carriage permit was prescribed under Section 57 of the Act of 1939 and Rule 78 of the Rules of 1951 provided the procedure for conduct of business of transport authority. Now, a similar rule has been incorporated in the Rules of 1990 being Rule 5.3. (5) Therefore, the main submission of the learned counsel for the petitioner is that each Regional Transport Authority shall meet at such time and at such place as the Chairman may appoint within the region. Now, a similar rule has been incorporated in the Rules of 1990 being Rule 5.3. (5) Therefore, the main submission of the learned counsel for the petitioner is that each Regional Transport Authority shall meet at such time and at such place as the Chairman may appoint within the region. It is contended by the learned counsel for the petitioner that in view of the mandate of the Rules, the Regional Transport Authority, Jodhpur (referred to hereinafter as the R.T.A.) is required to meet at such time and at such place as the Chairman may appoint within the region and the proviso further makes it clear that the authority shall meet not less than once in each month as the State Authority directs otherwise. (6) Mr. Maheshwari and Mr. Vyas, both the learned counsel for the petitioners have contended that the R.T.A. of the region concerned is required to meet at such time and at such place within he region and the matter cannot be processed through circulation. (7) Mr. Munshi, learned counsel appearing for the applicant, Rajasthan State Road Transport Corporation, moved an application for being impleaded as a party to the writ petitions and he was permitted to appear for the Corporation. (8) Learned counsel submitted that according to clause (6) of Rule 5.3, the matter can be considered by way of circulation. Learned counsel submitted that in view of the coming into force of the Motor Vehicles Act, 1988, now the consideration of Section 57 of the Act of 1939 are no more there. Therefore, Mr. Munshi, learned counsel for the applicant Corporation submitted that the matter can be processed by way of circulation. Mr. Munshi, learned counsel for the applicant Corporation has also submitted that rule 5.3. is only applicable when there is a Chairman and it is not applicable when there is a single member R.T.A. (9) I have considered the rival submissions and perused the record. (10) Section 68 of the Motor Vehicles Act, 1988 lays down the Transport Authorities and the State Government by notification published in the official Gazette shall constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3) and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas as may be specified in the notification in respect of separate regions. Sub-section (2) says that a State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of the State Transport Authority such other persons (whether officials or not) not being more than four and in the case of a Regional Transport Authority, such other persons (whether officials or not), not being more than two as the State Government may think fit to appoint but no person who has any financial interest whether as proprietor employee or otherwise in any transport undertaking shall be appointed. There is a further proviso that it will be possible for the Government to appoint a single member State Transport Authority or Regional Transport Authority as the situation may so warrant. The second proviso further lays down that the State Government may by rules made in this behalf provide that as to how they will transact the business of such authorities in the absence of Chairman or any other member and it shall also specify the circumstances under which and the manner in which such business could not be so transacted. Rajasthan Motor Vehicles Rules, 1990 (hereinafter referred to as the Rules of 1990) have been framed by the State Government in exercise of the powers conferred by Section 8(3), 28, 38, 65, 95, 96, 107, 111, 138, 146, 176, 201, 211 and 213 of the Motor Vehicles Act, 1988 and in that Chapter V deals with the control of transport vehicles. Rule 5.2 deals with the regions and Regional Transport Authorities. Sub-rule (1) of Rule 5.2 deals with the regions for the purpose of section 68 of the Act shall be in such number and shall comprise the area, as notified by the State Government from time to time. Sub-rule (2) of Rule 5.2 of the Rules of 1990 says that the Regional Transport Authority shall be the sole Transport Authority under Chapter V and VIth of the Act for the vehicle used or proposed to be used on routes common to two or more regions lying within the same State or in different States. Sub-rule (2) of Rule 5.2 of the Rules of 1990 says that the Regional Transport Authority shall be the sole Transport Authority under Chapter V and VIth of the Act for the vehicle used or proposed to be used on routes common to two or more regions lying within the same State or in different States. Sub-rule (3) of Rule 5.2 says that each Regional Transport Authority shall meet at such times and at such places as the Chairman may appoint within the region. The proviso to this sub-rule further says that the authority shall meet not less than once in each month as the State Transport Authority directs otherwise. Rule 5.3 of the Rules of 1990 deals with the conduct of business of the Transport Authorities. Sub-rule (6) of Rule 5.2 says that nothing contained in this rule shall prevent the State or the Regional Transport Authority from deciding by following procedure by circulation any matter which has been considered at the meeting or has been a subject of hearing and upon which a decision has been reserved. Rule 5.4 of the Rules of 1990 relates to the delegation of powers. Rule 5.5 deals with the application for grant of permit and Rule 5.6 provides the procedure for disposal of application of stage carriage where no limit has been fixed. According the Rule 5.6, where there is no limit fixed and the application is found to be complete in all respect then the application shall be entered date-wise in a separate register to be maintained for each type of application of permit in the office and the Secretary shall dispose of such applications on behalf of the Regional Transport Authority where the powers to deal these have been delegated to him. Sub-rule (4) says that in case where an application is required to be considered by the Regional Transport Authority, the Secretary shall submit the application received from 1st to 15th of each month with a factual report regarding (i) correctness of the application (ii) whether the proposed route or area is overlapped or not by nationalised route and (iii) all other matters based on the documents submitted by the applicant, before 22nd of the same month likewise the complete applications received from 16th to last date of the month shall be submitted before the Regional Transport Authority by the 7th of the next month. Sub-rule (5) says that the applications submitted and found complete by the State Transport Authority/Regional Transport Authority shall be disposed of within two months from the date of receipt. It further says that while granting the permit for the State Carriage the Regional Transport Authority shall also approve the proposed time-table and the fare-chart submitted by the applicant. Sub-rule (6) says that the State Transport Authority/Regional Transport Authority before rejecting the application shall issue a show cause notice to the applicant to appear before him on the appointed date, place and time, either in person or through authorised representative and after giving an opportunity of hearing he shall decide the matter on merit. If the application is rejected, then reasons for rejection should be given in writing immediately. (11) From a conspectus reading of all these Rules and the Act, it appears that grant of permit is a matter of course and non-grant is an exception. In the event of non-grant i.e. rejection of application, the applicant is required to be heard. There might be some direction by the State Transport Authority or there might be some fixation of the limit of the permits that may warrant the arguments. But where there is no direction to the contrary then the grant of permit according to the Motor Vehicles Act, 1988 is a matter of course. Therefore in such a situation it is not necessary that the Regional Transport Authority should fix a date of hearing for consideration of the applications for grant of the permits. There is no lis between the parties to decide as to whom the permit is to be given and to whom the permit is not to be given. The only condition is that if an application is rejected then the party has to be heard and a reasoned order has to be passed. Therefore, for such situation it is the mandate of law that the Regional Transport Authority has to fix the time and place for hearing the objections. But apart from that there is no prohibition in the Rules or the Act for the Regional Transport Authority to grant the permit by circulation. Therefore, for such situation it is the mandate of law that the Regional Transport Authority has to fix the time and place for hearing the objections. But apart from that there is no prohibition in the Rules or the Act for the Regional Transport Authority to grant the permit by circulation. Moreso, keeping in view the provisions of the Motor Vehicles Act, 1988 which is a departure from the Motor Vehicles Act, 1939 and by this Act of 1988, the procedure has been simplified and the old concept of fixing the limits of the permit is not there and, therefore, by this simplified procedure the grant can be made by way of circulation and no prohibition can be read in the Rules or the Act to check the decision on grant of permit or on the discretion of the Regional Transport Authority. (12) Mr. Munshi, learned counsel submitted that the Regional Transport Authority is supposed to meet in terms of sub-rule (3) of Rule 5.2 only where there is a Chairman and in no other condition. That is also not a correct interpretation. Since I have already found that there is no check on the discretion for grant of the permit and the permit can be granted by circulation but at the same time, it cannot be lost sight of the fact that the mandate of law is that the Regional Transport Authority should hold a meeting within the region not less than once in each month unless otherwise directed by the State Transport Authority. A careful reading of sub-rule (3) of Rule 5.2 shows that this rule lays down the mandate that the Regional Transport Authority should not shy away to hold a public audience like convening a meeting once in a month so that the people who have some grievance can ventilate the same in the open meeting. Since we have a One Member Regional Transport Authority in Rajasthan and there are many Regions like Jaipur, Jodhpur, Ajmer, Kota etc., therefore, it would not be out of place to mention here that by virtue of sub rule (3) of Rule 5.2 the Regional Transport Authority is supposed to hold not less than once a meeting in each region in a month. The proviso to sub-rule (3) of Rule 5.2 has been couched in negative term that the authority shall meet hot less than once in each month. The proviso to sub-rule (3) of Rule 5.2 has been couched in negative term that the authority shall meet hot less than once in each month. That is the mandate of law that the Regional Transport Authority should at least have not less than one meeting if not more in each month in the region, of course, subject to any direction otherwise by the State Transport Authority. Thus, it cannot be said that the Regional Transport Authority can completely do away with the holding of the meeting once in a month in each region. (13) In the result, I hold that there is no prohibition under the Rules on grant of permit by way of circulation but at the same time the Regional Transport Authority shall meet not less than once in each month within the region, unless there is a direction to the contrary by the State Transport Authority. (14) All the three writ petitions are disposed off with the above observations.