BHAGWATI PRASHAD Vs. STATE OF H.P.
HIGH COURT OF HIMACHAL PRADESH
STATE OF H.P.
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Tarlok Singh Chauhan, J. -
(1.)On 01.01.2014, the State Government notified the 'Himachal Pradesh Transport Service Providers Scheme, 2013' (for short 'Scheme') wherein parameters were fixed for eligibility for having licenses. The licensees were made competent to provide transport service after qualifying the special examination prescribed under the scheme. The scheme also made provisions for renewal/suspension/ cancellation and validity of such licenses.
(2.)The basic idea to frame the scheme was to provide easy access to the public by providing them various transport services in the Office of the Registering and Licensing Authority in Himachal Pradesh and to make the working of the Transport Department efficient because at that time 'VAHAN' and 'SARTHI' applications were offline and lesser number of people were using online service.
(3.)The petitioners after qualifying the written examination were granted licenses and were working as 'Transport Service Providers' (for short TSPs). However, the aforesaid scheme came to be abolished vide notification dated 21.04.2020, constraining the petitioners to file the instant petition for grant of the following substantive reliefs:
"i) That in view of the above mentioned facts and circumstances, the impugned order dated 21.4.2020 (Annexure P-4) may kindly be quashed and set aside, in the interest of justice and fair play.
ii) That the respondents may kindly be directed to allow the petitioners to work as TSPs continuously under the scheme Annexure P-1 or in the alternative they may be given license to work as Parivahan Mitter Kender by providing the requisite infrastructure as provided to Lok Mitter Kender."
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