- (1.) Leave granted in all these special leave petitions. Facts of the first two appeals.
(2.) We will first deal with the first two appeals which arise out of a common order dated 21.8.2000 passed by the State Transport Commissioner (in short "the Commissioner") exercising the powers conferred on the Regional Transport Authorities of Jalandhar, Patiala and Ferozpur. The order of the Commissioner was confirmed by the State Transport Appellate Tribunal (in short "the Tribunal") vide its order dated 27.4.2005, but interfered with by the High Court in C.W.P No.8483/2005 and C.W.P. No.11768 of 2005 respectively with a positive direction to the Commissioner to grant Stage Carriage Permits to the private operators rejecting the claims of the State Transport Undertakings (STUs). The legality of the order of the High Court is under challenge in these two cases filed by the State of Punjab through the Commissioner and the Punjab Roadways, Moga, represented by its General Manager.
(3.) The Secretary, Regional Transport Authority, Jalandhar, published a notice in the Motor Transport Gazette, Weekly, Chandigarh in its issue dated 22.2.1999 inviting applications for the grant of four Stage Carriage Permits for plying two return trips daily in the Pathankot - Faridkot via Mukkerian, Dasuya, Jalandhar Nakodar, Moga, Talwandi Bhai, Mudki route a substantial portion of which falls within the National and State Highways. As per the scheme published on 9th August, 1990 (in short the '1990 Scheme') modified by the Punjab Government on 21.10.1997 (in short the '1997 modified scheme'), the routes on the National as well as State Highways have to be shared by the STUs and private operators in a specified ratio.;