Chandra Reddy, C.J. - (1.) This is an appeal against the Judgment of Krishna Rao, J., dismissing W.P, No. 853 of 1960. The appellant sought to remove the order of the State Government on certiorari rejecting his revision petition under section 64-A of the Motor Vehicles Act (IV of 1939) as amended by Madras Act (XX of 1948).
(2.) The appellant and the fourth respondent were two out of the 18 applicants for a stage carriage permit on the route from Narsipatnam to Chintapalli. The Regional Transport Authority, Visakhapatnam, dealt with the applications on the basis of rule 153-B (A) of the Madras Motor Vehicles Rules, which were published in the Andhra Pradesh Gazette on 18th June, 1959. This rule formulated certain principles for disqualifying applicants for stage carriage permits who had bad antecedents and for assessing the merits of the remaining applicants by awarding marks in case they possessed certain qualifications. The Regional Transport Authority, at its meeting held on 3rd March, 1960, disqualified the fourth respondent who obtained a total of five marks, on the ground that his history-sheet was bad and granted the permit to the appellant who obtained a total of three marks. The aggrieved fourth respondent carried the matter in appeal to the State Transport Authority which found that the fourth respondent's history-sheet was not so bad as to completely disqualify him and granted the permit to him as he had been awarded more marks than the appellant. The appellant took up the matter in revision to the State Government. The State Government rejected the revision in the view that as between the appellant and the fourth respondent, the latter had a comparatively better history-sheet and saw no reason to interfere with the decision of the State Transport Authority. It is to set aside the order of the State Transport Authority giving the permit to the fourth respondent as affirmed by the State Government that the writ petition was filed.
(3.) In the writ petition, the vires of rule 153-B (A) on the basis of which marks were awarded to the applicants for stage carriage permits was questioned. Krishna Rao, J., disagreed with the contention that rule 153-B (A) was ultra vires the powers of the rule-making power of the Government. In the result, he dismissed the writ petition.;