`

Judgment

KHANNA, J.:- The short question which arises in this appeal filed on certificate against the judgment of Allahabad High Court is the validity of Section 43-A, inserted in the Motor Vehicles Act, 1939 by U. P. Act No. 25 of 1972, and the notification dated March 30, 1972 issued under that section. The High Court upheld the validity of the section and the notification.

2. The material part of Section 47 of the Motor Vehicles Act, 1939 (Act No. 4 of 1939), as it stood before the amendment made by Section 43-A in Uttar Pradesh, read as under :

"(1) A Regional Transport Authority shall, in considering an application for a stage carriage permit, have regard to the following matters, namely :

(a) the interest of the public generally;

(b) the advantages to the public of the Service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journeys not being broken;

(c) the adequacy of other passenger transport services operating or likely to operate in the near future, whether by road or other means, between the places to be served;

(d) the benefit to any particular locality or localities likely to be afforded by the service;

(e) the ope