MEENAKSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Secretary, Regional Transport Authority, Bikaner, vide press note dated 12.08.2013 invited applications for grant of permit relating to inter-state routes referred in Annex.A1 and Annex.B1 of the inter-state agreement between the State of Rajasthan and the State of Punjab. The notification aforesaid was published in "Rajasthan Patrika" daily newspaper edition dated 18.08.2013. As per the notification aforesaid, the last date for submitting applications in prescribed proforma was 26.08.2013 upto 06.00 p.m.

(2.) THE grievance of the petitioner is that no last date could have been provided for submitting the application to have permit. It is submitted that as per Section 80 of the Motor Vehicle Act, 1988 (for short, hereinafter referred to as 'the Act of 1988'), an application for a permit of any kind can be made at any time, as such, prescription of time is bad. It is further submitted that as a matter of fact, there was no need to issue press note in view of Rule 5.6 (4) of the Rajasthan Motor Vehicle Rules, 1990 (for short, hereinafter referred to as 'the Rules of 1990').

(3.) IT is asserted that Section 80 of the Act of 1988 provides that an application for a permit of any kind may be made at any time, but it does not postulates that the application so submitted must be considered in the next meeting of the Regional Transport Authority. The Regional Transport Authority is competent to settle a date fixed for considering the applications submitted to it. In the instant case, the date fixed is 26.08.2013 and that is having universal application, as such, objectivity and fairness is apparent.