Wanchoo, C.J. - (1.) The following three points have been referred to this Full Bench for answer: 1. Whether the following condition laid down by Section 47 (1) (c), Motor Vehicles Act of 1939 is ultra vires Article 19 (1) (g) of the Constitution of India: "the effect upon those services of the service proposed." 2. Whether in view of Rule 90, Rajasthan Motor Vehicles Rules, 1951, the Transport Authority is under a duty to so fix the time table as to allow every stage carriage holding a permit on a particular route to run thereon daily, and whether the fixing of a time table and allowing the stage carriages to run by rotation on some days of the month only is in contravention of the said Rules? 3. Whether granting of a few more permits on a route on which the existing stage carriages are not running daily but only by rotation is by itself sufficient to justify this Court to quash the order of Regional Transport or Appellate Authority by a writ of certiorari on the ground of the order being erroneous on its face and repugnant to the condition regarding the adequacy of existing road passenger transport services between the places to be served laid down by Clause (c) of Section 47 (1), of the Motor Vehicles Act?
(2.) Before we consider these points one by one, we should like to give the facts briefly which led to the writ application in which this reference has been made, These facts are:
(3.) Malik Ram and Jagdish Narain appli cants are bus-operators on the Jaipur Alwar route, and ply stage carriages on hire. The Regional Transport Authority Jaipur granted 27 permits for plying stage carriages on hire on this route in August 1953. After granting these permits, the Regional Transport Authority fixed the rotation according to which these 27 bus operators would work. This was necessary as only five trips (both ways) were required every day on this route, the distance being about 90 miles. Five buses used to ply one way, and five the other way every day, and the turn of each bus came once in two or three days. After the grant of these 27 permits, five permit-holders dropped out and eventually only 22 stage carriages plied on the Jaipur Alwar route. When this happened the Regional Transport Authority granted three temporary permits to three other persons on the ground that five of the original permit-holders had dropped out. Later, applications were invited for one more permit in 1954; but, in December 1954, the Regional Transport Authority granted eight permits, thus bringing the total number of buses on this route to 30. Three other persons had applied for permits, but their applications had been refused. They went in appeal to the Appellate Authority, and that Authority granted permits to them also. The number of permits thus granted on this route came to 33; but as one of the persons to whom permit was granted was dead, the real number was 32.;