Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the judgment of a division Bench of the High Court of Judicature for Madras confirming that of a single Judge of that Court allowing the petition filed by the respondent under Art. 226 of the Constitution and quashing the order made by the State Transport Appellate Tribunal granting a stage carnage permit to the appellant for the route Tanjore-Mannargudi via Vaduvoor.

2. The facts relevant to the question raised may be briefly stated. The Regional Transport Authority, Tanjore, called for applications in respect of the issuing of a stage carriage permit for the route Tanjore-Mannargudi via Vaduvoor. 11 persons applied for the permit. The Regional Transport Authority, adopting the marking system prescribed in G. O. Ms. No. 1298 (Home) dated April 28, 1956, awarded marks to different applicants: the appellant got the highest number of marks, viz., 7, and the first respondent got only 44 marks, with the result the appellant was preferred to the respondent & a permit was issued to him. It is not necessary to notice the marks secured by the other applicants before the Regional Transport Authority, for they are not be