Gajendragadkar J. - (1.) (On behalf of himself and K:SUBBA RAO J.) This appeal by special leave is directed against the order passed by the High Court of Madras dismissing the appellants application for a writ of certiorari. The appellant is an operator of state carriages in the District of Ramnad in Madras state. It appears that the Regional Transport Authority, Ramnad, granted one permit to the appellant and another to S. Gopalan Nair - who has also preferred an appeal by special leave before this Court (Civil Appeal No. 20 of 1959); both the appellant and the said Gopalan Nair owned less than five buses each; and by the permit each one of them was authorised to run one bus from Ramanathapuram to Devakottai. This order was passed on 17-6-1957, in Proceeding No. R. 1220/Al/56.
(2.) Respondents 3 and 4 whose applications for permits had been rejected by the Regional Transport Authority preferred appeals to the State Transport Appellate Tribunal. Each of them owned more than five buses. The Appellate Tribunal by its order passed on 22-3-1958, allowed the appeals, set aside the order granting permits to the appellant and the said Gopalan Nair and directed that permits should be issued in favour of the said respondents 3 and 4.
(3.) Both the Regional Transport Authority and the Appellate Tribunal proceeded to deal with the respective claims of the parties on the basis of G. O. No, 1298 issue by the Government of Madras on 28-4-1956, Under this G. O., several directions had been issued, one of which dealt with the allotment of marks to the applicants for permits under several heads indicated therein, The, Regional Transport Authority had allotted 61/2 marks each to the appellant and the said Gopalan Nair. These included four marks allotted to each of them under col. I which dealt with the building strength to viable units, According to the authority, respondents 3 and 4 who are fleet owners were not entitled to any marks under the said column. In the result the total marks allotted to the said respondents 3 and 4 were, respectively 6 and 4. That is why the appellant and the said Gopalan Nair who had obtained the highest marks were granted permits.;