P V SITARAMA SWAMI Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) In these three writ petitions as common question arises, they are disposed of by a common judgment. The petitioners herein who are operators of stage carriages, applied for renewal of their permits under section 58 of the Motor Vehicles Act, but those applications were rejected on the ground that their history sheets contained more than four entries relating to offences committed during the preceding 24 months in respect Of the permit for which renewal is sought. This order of rejection of renewal was confirmed by the State Transport Appellate Tribunal.

(2.) In order to appreciate the contentions raised it is necessary to notice the relevant changes in rule 212 of the Andhra Pradesh Motor Vehicles Rules and the amendments made thereto from time to time. Rule 212 as originally framed in 1964 laid down the guiding principle for the grant, renewal, variation, suspension or cancellation of stage carriage permits. Rule 212 (1) (in) (2) as framed in 1964 provided that if the history sheet was not clean and contained more than six entires relating to offences of the nature mentioned in that rule, committed within 24 months preceding the grant of the permit, the applicant would be screened and those who were found unsuitable should be disqualified for the grant of the stage carriage permit. In exern cise of the power of conferred on the State Government by section 68 of the Andhra Pradesh Motor Vehicles Act, the State Government amended the aforesaid rule in G.O. Ms. No. 1729, dated 4th November, 1968, published in the Gazette dated 14th November 1968 in and by which two provisos were added which read as follows: "(1) Provided that an applicant for renewal of a permit shall not be disqualified on this ground unless his history sheet contains more than 4 entries relating to the offences mentioned in this item committed within twenty-four months preceding the date of consideration of the renewal application in respect of the permit which is sought to be renewed: (2) Provided further that the applications and appeals standing on the date of commencement of these amendments shall be disposed of in accordance with this rule. By virtue of these amendments added these two provisos, guidelines were laid down in the case of renewal of permits which was not provided for in the earlier rule. The second proviso expressly makes the amended rule applicable to applications and appeals pending on the date of commencement of the amended rule.

(3.) This rule was further amended in G.O. Ms. No. 1210. Transport Roads and Buildings (TR-I), dated 10th December, 1976, as follows: "Rule 212 (iii) (1): The applicants shall first be screened on one or more of the following principles and those who have found unsuitable shall be disoualified. reasons being given for the decision of the Transport Authority. (a) If there is financial instability as evidenced by insolvency or undischarged decrees: Provided that the purchase of a vehicle by money borrowed or under hire purchase agreement shall not be a disqualification itself. (b) If his history sheet is not clean and contains more than six entries relating to offences of the following nature adjudicated within twenty-four months preceding the date of grant of the permit. (i) Overload. (ii) Plying without permit. (iii) Plying without payment of tax (iv) Plying on unauthorised route and making unauthorised trips. (v) Plying with Fitness Certificate. (vi) Non-maintenance of State carriage service: Provided that an applicant for the renewal of permit shall not be disqualified on this ground unless his history sheet contains more than four entries relating to the offences committed mentioned in this item adjudicated within twenty-four months preceding the date or consideration of renewal application, in respect of a permit which is sought to be renewal".