- (1.) The petitioner has challenged the proceeding of State Transport Authority, Jharkhand, Ranchi (for short Transport Authority) dated 28th June, 2003 published on 17th July, 2003 so far it relates to Chaibasa to Bokaro via Tata Purulia route, whereby and whereunder the Transport Authority decided to take up all the applications even those which were not in accordance with the notice and decided to grant interstate stage carriage permit for the route in question in favour of 3rd respondent, Pawan Kumar Kejriwal.
(2.) The brief fact of the case of the petitioner is that the Transport Authority, Jharkhand, Ranchi published a notice in the newspaper "Hindustan" on 25th January, 2003 calling for applications for interstate stage carriage permit for 25 routes including route in question. Apart from fees for application and separate fees for permanent stage carriage permit, the applicants were asked to submit certain documents along with the applications, such as : (1) Documents relating to vehicle. (2) Registration book. (3) Fitness Certificate. (4) Tax clearance certificate etc. For preference, the applicants were asked to produce documents, such as: (a) Educational qualification. (b) Backward/Scheduled Caste/Scheduled Tribe certificate. All the applicants were also asked to submit an affidavit proposing a clash free time table. It was also made clear that incomplete or defective applications shall not be considered by the Transport Authority. The applications were to be submitted within 15 days i.e. by 8th February, 2003 from the date of advertisement.
(3.) According to petitioner, the applications of all the applicants were taken up for consideration in June, 2003. The petitioner while pointed out the defective applications including the applications preferred by one Shankar Yadav and 3rd respondent, Pawan Kumar Kejriwal whose buses were not registered till 20th June, 2003, opposed their candidature. As the respondents proceeded with for selection for grant of permanent stage carriage permit for the route in question, he moved before this Court in W.P. (C) No. 3278 of 2003, which was not entertained at that stage and disposed of by an order dated 15h July, 2003 being premature. It is alleged that the Transport Authority, Jharkhand in the meantime, took decision in its meeting held on 28th June, 2003 published on 17th July, 2003 to grant permit in favour of the 3rd respondent.;