- (1.)THIS petition under Articles 226 and 227 of the Constitution is directed against:
(i) the proposed Scheme No. 2, as prepared under Section 68c of the motor Vehicles Act, 1939 (hereinafter called the Act) by the Madhya pradesh State, Road Transport Corporation (to be called hereafter as the transport Corporation) and published in the State Gazette dated 1 March 1963; (ii) the order dated 25 June 1963 whereby R. S. Shukla, Special secretary in the Home Department, disposed of the objections preferred against the aforesaid Scheme and modified it; (iii) the final publication, after previous approval of the Central government, of the approved Scheme in the State Gazette dated 7 february 1964 as required by Section 68d of the Act, and (iv) the order dated 17th March 1964 passed under Section 68f (2) of the Act by which the Secretary, Regional Transport Authority, Gwalior, cancelled the permit held by the petitioner for the Lashkar-Barai route and required him to surrender that permit. The petitioner has, in addition, challenged the vires of the Explanation inserted under Section 68d (1) of the Act by the amending Act 2 of 1963 and the validity of rule 6 of the Rules framed under Section 681 of the Act.

(2.)OTHER existing operators have claimed similar reliefs in regard to Scheme No. 2 in Miscellaneous Petitions Nos. 140, 141, 142, 143, 144, 145, 146, 147, 148, 155, 277 and 278 of 1964. For like reliefs, similar Miscellaneous Petitions Nos. 149, 150. 151, 152, 153, 154, 156, 280 and 281 of 1964 in regard to Scheme No. 4, nos. 52 and 112 of 1964 in regard to Scheme No. 5, Nos. 157, 160 and 214 of 1964 in regard to Scheme No. 7 and Nos. 124, 133, 213, 219 and 275 of 1964 in regard to Scheme No. 9 have also been made by the existing operators affected by those Schemes. This order shall dispose of all these petitions also.
(3.)AS already indicated, these petitions call in question the various steps taken under the machinery provisions contained in Chapter IVA of the Act and the rules made thereunder for approving certain schemes providing for the Slate Transport undertaking to carry on the passenger transport business on certain routes to the complete or partial exclusion of all other persons, including the existing operators. Scheme No. 2 relating to certain routes round about Gwalior, as originally prepared, was published in the State Gazette dated 1st March 1963 in accordance with the requirements of Section 68c of the Act. Scheme No. 4 relating to certain routes round about Morena and Bhind, Scheme No. 5 relating to certain routes starting from Chhindwara, Scheme No. 7 relating mainly to the Sagar-Kareli-Piparia route and Scheme no. 9 relating to certain routes round about Sagar and damoh were similarly published on 7th June 1963, 30th August 1963 and 13 november 1963 respectively.