- (1.) The short point which did not appeal to the High court but does seem to have force in our view, is as to whether the upgrading of the status of the routes concerned in this appeal, is in accordance with the statutory requirements of Rule 6 of the U. P. Motor Vehicles Taxation Rules, 1935.
(2.) Two points were urged by Mr. Jain to invalidate the 'a' status assigned to the route Saharanpur-Chilkana. He firstly argued that as a bus operator on the route he should have been heard by the Regional Transport Authority (hereinafter to be referred as R. T. A. ) , before it changed the classification of the route from 'b' to 'a'. We agree with the High court that there is no such obligation cast on the R. T. A. Indeed, the exercise of this power does not call for hearing of any particular party even though the consequences of re-classification may be that a higher levy from bus operators will be made. We, therefore, make it perfectly plain that on tlus question as to whether bus operators or others should be heard as a matter of right there is no such obligation and the order of re-classification cannot fail on that score. Of course, a public authority operating for public benefit will certainly take into consideration the views of members of public affected since that is part of the democratic process in administration. However, we are concerned with legal infirmities and we see none in the R. T. A. in not hearing the respondent or other bus operators or members of the public.
(3.) The second contention raised by Shri Jain appears to us to have considerable force. Rule 6 runs thus : When so classifying routes, every controlling authority shall be guided by the following considerations in the order in which they appear in this rule, that is to say: (A) The potential income which, in regard to all the circumstances of the route, it may be expected, will accrue from the employment of a public service vehicle on that route; (B) The cost of maintenance of the road or roads or the portion or portions of any road or roads comprised within the said route; (C) The necessity for the development of the proposed route in the public interest.;