- (1.) THIS is a petition under article 226 of the Constitution by one Aidan an operator on the Degana-Ararka-Kishangarh-Ajmer route challenging on order of the Regional Transport Authority Jodhpur issuing a permit to M/s. Rathore Roadways, Kishangarh, on the Degana-Ararka-Kishangarh-Ajmer route in pursuance of its resolution dated 25th/26th/27th September 1964.
(2.) A permit was granted to respondent No. 3 on condition of its employing a vehicle of the model prescribed by the State Transport Authority for the time being within a period of 45 days. Respondent No. 3 purchased a vehicle of 1954 model on 30. 10. 64 and applied for issue of permit on 31. 10. 64. The issue of permit was stayed by an order of the Transport Appellate Tribunal as an appeal had been filed against the grant of permit to respondent No. 3. This appeal was ultimately dismissed on 17. 5. 65 and permit was issued to the respondent on 27. 5. 65. The vehicle in question was first registered on 24th April 1954. Under the instructions issued by the State Transport Authority on 8. 7. 57 as modified on 30. 7. 59 for permit on a 'c' class route it has to be ensured that a vehicle which has covered more than 10 years since the date of first registration is not allowed to be used by the new permit holder. The contention on behalf of the petitioner is that the permit was issued on 27. 5. 65 and the vehicle of respondent No. 3 was first registered on 24. 4. 54 and so it had covered more than 10 years when the permit was issued. R. 84-A under which the instructions of the State Transport Authority were issued runs as follows - "state carriage permit - Conditions regarding model of vehicle - In pursuance of any general or specific direction issued by the State Transport Authority in this behalf a condition may at the time of the grant or renewal of a stage carriage permit, be attached to the effect that the carriage in respect of which such permit is granted or renewed shall not be of a model earlier than a specified year. " In the strict sense of the word the model of a vehicle is not changed even every year. It cannot be said that there is a change in the model of a vehicle until a substantial alteration is not made every year. The intention behind the above rule however appears to be that a vehicle which has been used for such a long period as to make it less serviceable should not be used. It was in this sense that the State Transport Authority interpreted this rule while issuing instructions under it. In order to find out the 'model' of a vehicle within the meaning of R. 84-A it is necessary to find out how long the vehicle has been in use since it was first registered. The vehicle which the respondent had purchased was first registered on 24. 4. 54. But it was not used from 1. 5. 58 to 30. 9. 64 that is for more than 6 years since it was first registered. It thus fulfils the instructions laid down by the State Transport Authority regarding model condition. I accordingly dismiss the writ petition with costs. .;