Rajarshi Bharadwaj, J. - (1.) The petitioner in this writ application has challenged the resolution of the Board Meeting dated 11th July, 2017 of the Regional Transport Authority, Kolkata, by which the Regional Transport Authority decided to issue offer letters to nine applicants but rejected the other three applications including that of the writ petitioner.
(2.) In the year 2016, the writ petitioner filed an application being W.P. No. 19265 (W) of 2016 before this Hon'ble court challenging a resolution of the Board Meeting dated 16th May, 2016 of the Regional Transport Authority, Kolkata wherein by an order passed on 26th April, 2017, the learned Single Judge of this Court observed that the Regional Transport Authority had considered the applications of the fourteen applicants including that of the writ petitioner by maintaining chronological order of receiving the applications. However, the financial capacities of the applicants were not taken into consideration before rejecting their applications for grant of permit. On perusal of the provision of Section 71(3)(d) of the Motor Vehicles Act, 1988 the learned Judge observed that the Regional Transport Authority, Kolkata would consider the financial stability of the applicants and the satisfactory performance of the applicants as stage carriage operators for the purpose of granting permit in the restricted route. The learned Judge, further, observed that the Regional Transport Authority, did not follow the procedure laid down in Section 71(3)(d) of the Motor Vehicles Act, 1988 in deciding to issue offer letters to the applicants bearing serial no. 1 to 6, appearing in the resolution of the Board Meeting dated 16th May, 2016 and decided to issue offer letters to the said applicants on the basis of chronological order of receiving the applications and without considering the financial stability of the respective applicants and the satisfactory performance of the applicants as stage carriage operators in the restricted route.
(3.) In view of the above findings, the learned Judge held that the resolution of the Board Meeting dated 16th May, 2016 was not justified under the law, so far as grant of offer letters to 6 applicants. The learned single judge quashed the said resolution of the Board Meeting dated 16th May, 2016 and the Regional Transport Authority, Kolkata was directed to consider the applications of all the applicants including the application of the writ petitioner afresh as per provision of Section 71 (3)(d) of the Motor Vehicles Act, 1988.;