A. VISWANATHAN vs STATE TRANSPORT APPELLATE TRIBUNAL,PONDICHERRY & ANOTHER. Supreme Court, 06-02-1987
| Judge | VENKATARAMIAH,E.S. (J) |
| Parties | A. VISWANATHANSTATE TRANSPORT APPELLATE TRIBUNAL,PONDICHERRY & ANOTHER |
| Date | 06 February 1987 |
| Docket Number | Appeal Civil 1522 of 1986 |
| Court | Supreme Court (India) |
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PETITIONER:
A. VISWANATHAN
Vs.
RESPONDENT:
STATE TRANSPORT APPELLATE TRIBUNAL,PONDICHERRY & ANOTHER
DATE OF JUDGMENT06/02/1987
BENCH:
VENKATARAMIAH, E.S. (J)
BENCH:
VENKATARAMIAH, E.S. (J)
OZA, G.L. (J)
DUTT, M.M. (J)
CITATION:
1987 AIR 731 1987 SCR (2) 179
1987 SCC (2) 63 JT 1987 (1) 369
1987 SCALE (1)249
ACT:
Motor Vehicles Act, 1939: Sections 46, 57, 62 &
47(1A)--Issue of temporary permits by R.T.A. repeatedly for
a long number of years-Whether permissible--Temporary per-
mits to be effective for limited period of 4 months--Stage
carriage permits--Reservation for Scheduled Castes, Sched-
uled Tribes--Constitutionally valid.
HEADNOTE:
Respondent No. 1--State Transport Appellate Tribunal set
aside a temporary permit to ply a stage carriage on the
pondicherry-Madras route issued under s.62 of the Motor
Vehicles Act, 1939 in favour of the appellant, and granted
it in favour of respondent no. 2 for the remaining period of
the temporary permit. Hence this appeal by special leave.
The Court found that the period of temporary permit having
come to an end, no further orders are necessary as regards
the person who could operate a stage carriage under that
permit.
The Union Territory of Pondicherry, after ’the lapse of 7
years from the date of the amendment of section 47 of the
Act, issued rules on 12.6. 1985 regarding reservations to be
made in favour of persons belonging to Scheduled Castes and
Scheduled Tribes under Section 47(1A) of the Act. Having
regard to the slackness that is creeping into the manner in
which the provisions of the Act regarding reservation of
certain percentage of stage carriage permits to be made in
favour of persons belonging to Scheduled Castes Scheduled
Tribes, and issue of temporary permits are being adminis-
tered by some Transport Authorities, this Court,
HELD: 1.(1) Section 47 of the Act deals with the proce-
dure to be followed by a Regional Transport Authority. In
considering an application for a stage carriage permit the
Regional Transport Authority should have due regard to the
following matters, namely: (a) the interest of the public
generally; (b) the advantage to the public of the service to
be provided, including the saving of time likely to be
effected thereby and any convenience arising from journeys
not being broken; (c) the adequacy of other passenger trans-
port services operating or
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