Mathew, J. - (1.) In this appeal filed in pursuance to a certificate under Article 133 (1) (a) of the Constitution, the question for consideration is whether the Division Bench of the High Court of Madras was right in setting aside the order passed by the learned single judge dismissing the petition filed by the first respondent here for issue of a writ of certiorari to quash an order passed by the State Transport Appellate Tribunal granting a stage carriage permit to the appellant on the rout in question.
(2.) The appellant and the first respondent made application for a permit for a stage carriage on the route Dindigul to Cumbam. There were 21 other applicants for the permit. The Regional Transport Authority granted the permit to the first respondent on the basis that the first respondent was better qualified to get the permit than the appellant as it got more marks than the appellant in accordance with G. O. Ms. No. 1298 (Home) dated April 28, 1956 and the Government Order No. 2265 (Home) dated August 9, 1958.
(3.) The appellant filed an appeal against the order before the State Transport Appellate Tribunal came to the conclusion that although the first respondent got more marks than the appellant, since another permit had been granted to the first respondent at same sitting of the State Transport Authority, it will be denial of equal opportunity to the appellant and will not be in the interest of the public if the first respondent were granted another permit. It, therefore, set aside the order of the State Transport Authority and granted the permit to the appellant.;