Judgment

RAY, C.J.I. :- This appeal is by special leave from the judgment dated 16 September, 1976 of the High Court of Madhya Pradesh.*

* Reported in 1976 Jab LJ 851.

2. The appellant made an application under Articles 226 and 227 of the Constitution in the High Court and impeached the order dated 21 September 1974 whereby the Government dismissed the appellants objections against Scheme No. 9-M relating to Road Transport Nationalisation. The appellant also impeached the Scheme as published in the Gazette on 11 October, 1974.

The High Court held that in view of the fact that Chap. IV-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) is included as Entry 125 in the a Ninth Schedule to the Constitution the appellant could not challenge the Scheme.

3. The High Court erred in holding that it was not open to the appellant to challenge the Scheme. The Attorney General rightly and fairly said that the judgment of the High Court could not be supported on that ground.

4. The High Court failed to appreciate that though Chapter IV-A of the Act is not open to any constitutional challenge, it is open to any aggriered person challenge any Scheme on the ground that it is not a