- (1.) WE have heard Shri S.N. Jaiswal, learned counsel appearing for the petitioner. Learned Standing Counsel appears for the State respondents.
(2.) THE petitioners are running school buses. By this writ petition the petitioners have prayed for directions in the nature of mandamus directing the respondents to issue permit and fitness certificate to the petitioners' vehicles fixing the age of vehicles upto 20 years old model. They have also prayed for directions to the respondents to permit them to ply their buses upto the age of 20 years. The petitioners have relied upon some orders passed by this Court in Writ Petition No. 2106 of 2008 decided on 3.12.2008 and in Writ A No. 44868 of 2012 (Omwati Saraswati Junior High School, Jahangirabad and others) decided on 7.12.2012, by which the Court had followed the judgment in Civil Misc. Writ Petition No. 46190 of 2003 (Ram Prakash and another vs. State of UP and others), wherein it was held that the Secretary, Regional Transport Authority shall issue permit to the petitioner after verifying the fact, that the petitioner has a vehicle which is road worthy and fit in condition. A further direction was given that he will ensure that the vehicle owned by the petitioner is of the model which is within the period of 20 years.
(3.) LEARNED Standing Counsel informs the Court that the order in Omwati Saraswati Junior High School, Jahangirabad and others (supra) was passed in absence of benefit of a judgment passed by the Division Bench of this Court, which has distinguished Ram Prakash's case and had upheld the authority of State Transport Authority to fix the age of vehicles to ply on road.;