M. C. JAIN, J. - (1.) THESE two writ petitions raise a common question as to whether the Member R. T. A. Jodhpur could refer the applications to the State Transport Authority for the grant of permits under section 44 (3) (b) of the Motor Vehicles Act (for short 'the Act' ).
(2.) IN S. B. Civil Writ Petition No. 1001 of 1981, the question relates to the grant of National Permits and in S. B. Civil Writ Petition No. 1002 of 1981, the question relates to the grant of West-zone permits. IN the writ petition, filed by Aman Travel, the relevant facts are that the Government of INdia by its notification dated October 4, 1980 in exercise of its power conferred by sub-section (11) of section 63 of the Act increased number of the Motor Vehicles for which National permits may be granted, from 400 to 800 for the State of Rajasthan modifying its earlier notification dated April 3, 1979 For the grant of Additional National permits, the office of the Additional Secretary, R. T. A. , Jaipur, Jodhpur, Udaipur, Bikaner and Kota issued a notification dated November 12, 1980 published in the Rajasthan Gazette dated November 20, 1980 whereby the applications were invited for the grant of 400 Additional National permits within 30 days from the date of publication of the said notification. IN all 3041 applications were received in the office of the Additional Secretary and the region-wise break-up of the applications is as under :- 1. Jaipur 1824 2. Jodhpur 325 3.Udaipur 327 4. Bikaner 315 5. Kota 200 "the substance of the applications were published in the Rajasthan Raj Patra dated February 7, 1981 and February 13, 1981 and objections were also invited within a period of 30 days under section 57 (3) of the Act. The said notification also incorporated a notice that the meeting of R. T. A shall be held on 16/17/18fh March, 1981 at 10. 30 a. m. at Jaipur. Subsequent to the invitation of applications, the State Government by notification published in the Rajasthan Gazette dated January 5, 1981 redistributed the number of National permits amongst the five Regional Transport Authorities as under :- S. No. Region Existing quota Enhenced quota Vacancies 1. Jaipur 176 344 168 2. Jodhpur 64 128 64 3. Udaipur 50 104 54 4. Bikaner 51 112 61 5. Kota 59 112 53 400 800 400 The Member, R. T. A. felt that there was a wide spread discontentment amongst the applicants about the belated break up of National permits Region-wise, so it thought that the State Transport Authority shall be able to select the best suited candidates undeterred by the Region-wise break-up of National permits and it was of the opinion that the Region-wise break-up is only applicable where the respective R. T. A's have to grant the permits. In view of the above opinion, the Member, R. T. A. , Jodhpur by his order dated May 10, 1981 referred the matter to the State Transport Authority to exercise and discharge the powers and functions in respect of the grant of 400 additional National permits. In the second writ petition, the relevant facts are that in all 2425 applications were received in the office of the Additional Secretary. The region-wise break-up of the applications is as under :- 1. Jaipur 1374 2. Jodhpur 278 3. Udaipur 388 4. Bikaner 211 5. Kota 174 The substance of the applications likewise were published in the Rajas-than Raj Patra and objections were also invited and notice for consideration of the applications was also published. The State Government subsequent to the inviting of the applications, re-distributed 300 West Zone permits amongst the five Regional Transport Authorities vide notification dated January 8,1981, which was subsequently withdrawn and by a fresh notification published in the Rajasthan Gazette dated February 18, 1981 re-distributed the 300 West-zone permits region-wise as under :- S. No. Region Existing quota Enhanced quota Vacancies 1. Jaipur 130 147 17 2. Jodhpur 15 43 28 3. Udaipur 28 36 08 4. Bikaner 20 37 17 5. Kota 07 37 30 200 300 100
(3.) THE Member, R. T. A. , by his order dated May 10, 1981 referred the matter to the State Transport Authority under sec. 44 (3) (b) to exercise and discharge the powers and functions in respect of the Additional West-zone permits. The grievance of the petitioners is that the Member, R. T. A. alone has the power to grant the National permits or West-zone permits as the case may be and the Member, R. T. A. had no power to require the State Transport Authority under sec. 44 (3) (b) of the Act to exercise the power of the R. T. A, for the grant of permits. The reasons given by the Regional Transport Authority in his order dated May 10, 1981, are baseless and unfounded for the reasons that even the State Transport Authority can not act contrary to the region-wise break-up notified by the State Government. The sole question, which arises for consideration in these two writ petitions is as to whether under section 44 (3) (b) of the Act, the Regional Transport Authority could require the State Transport Authority to exercise the power of the Regional Transport Authority for the grant of National permits or West-zons permits. The main controversy centres round the provisions contained in section 44 (3) (b) of the Act. Sub-section (3) of section 44, which falls to be considered reads as follows :- "44. Transport authorities, (1 ). . . . . . . . . . . . . . . . . . . . . . . . (2 ). . . . . . . . . . . . . . . . . . . . . . . . (3) A State Transport Authority shall give effect to any directions issued under Sec. 43, and subject to such directions and save as otherwise provided by or under this Act shall exercise and discharge throughout the State the following powers and functions, namely: (a) to co-ordinate and regulate the activities and policies of the Regional Transport Authorities if any, of the State. (b) to perform the duties of Regional Transport Authority, where there is no such authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route common to two or more regions; (c) to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities; and (4) to discharge such other functions as may be prescribed. " ;