- (1.) This Mandamus-Appeal is at the instance of the respondent No. 7 in a writ application and is directed against an order dated September 8,2010, passed by a learned single Judge of this Court by which His Lordship allowed a writ application by setting aside the resolution dated January 14, 2010 adopted in the meeting of the Regional Transport Authority, Nadia, and the action taken on the basis of such resolution.
(2.) Being dissatisfied, the respondent No. 7 has come up with the present appeal.
(3.) The following facts are not in dispute: (a) The writ petitioner is running a Motor Training School, namely, Nadia Motor Training School, at Krishnagar, for imparting instructions in driving of motor vehicles by following the provisions of the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989 and the Licensing Authority issued a licence in favour of the writ petitioner for running of the said Motor Training School. (b) On 11th April, 2008, the Additional Chief Secretary, Government of West Bengal, issued a notification regarding driving licence for heavy motor vehicles category to avoid fatal road accident and following the said notification, the Regional Transport Officer, Nadia, issued a letter to all the owners of the existing Motor Training Schools on 6th June, 2008. (c) Pursuant to the said letter, issued by the Regional Transport Officer, a meeting was held among all the owners of the Motor Training Schools in the district of Nadia and in that meeting, only the writ petitioner was ready and willing to place a heavy vehicle having dual control facility for running the Motor Training School in terms of the notification dated 11th April, 2008. Subsequently, the Regional Transport Officer, Nadia, held a General Meeting with all the Motor Training Schools of the District on 4th July, 2008 after service of due notice and in the said meeting, in the presence of all the owners of the Motor Training Schools of Nadia district, it was decided unanimously that the writ petitioner would be the sole Motor Training School in the District to give the training of heavy motor vehicles licence and for that reason, a specially constructed dual control system heavy motor vehicle will be purchased by the writ petitioner. (d) It may not be out of place to mention here that in the earlier letter dated June 6, 2010 issued by the Regional Transport Officer, Nadia, to the writ petitioner it was specifically stated that "no other school will be allowed for coming three years to provide such vehicle and the willing school will have to undertake responsibility of providing such vehicle for continuous three years." (e) Pursuant to such resolution, the writ petitioner placed a specially constructed dual control system heavy vehicle for the said Motor Training School for imparting training for driving licence of heavy motor vehicle and incurred huge expenses for purchasing such a vehicle and engaging experienced drivers in that behalf. (f) It appears that subsequently the Regional Transport Authority, Nadia, on January 14, 2010 took a fresh resolution thereby indicating that two other motor training schools have intimated their willingness to place the vehicle having dual control system for imparting training for the grant of heavy vehicle driving licence. It was resolved in that meeting that a fresh notice should be issued to all the recognised motor training schools in the district inviting their willingness to provide such vehicles and all such applicants should be allowed to place such vehicles. (g) Subsequently, by order dated February 5, 2010 the Regional Transport Officer, Nadia permitted the appellant before us to place his vehicle having dual control system for the above purpose.;