Judgment

BHAGWATI, J.: - There were fifteen applicants before the Regional Transport Authority, Chingleput for grant of a stage carriage permit to ply a bus on the route Red Hills to Kancheepuram. This route covers a distance of 50 1/2 miles or 81.27 kilometers and is a long route within the meaning of that expression as used in Rule 155A of the Motor Vehicles Rules, 1940. Out of fifteen applicants only two are before us namely the appellant and the respondent. The appellant was applicant No. 7, while the respondent was applicant No. 6. The Regional Transport Authority, after considering the applications, made an order dated 19th June, 1971 granting the permit to the respondent, though on marking according to the provisions contained in clause (3) of Rule 155A, the respondent obtained only 7.40 marks as against 9.00 marks obtained by the appellant. The main ground on which the Regional Transport Authority preferred the respondent to the appellant was that the respondent was a single bus operator, while the appellant was a multi bus operator having four stage carriage permits including a stage carriage permit recently granted to him.

2. The appellant and seven other applicants, who