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1988 Supreme(Pat) 142
PATNA HIGH COURT
Lalit Mohan Sharma and S.Shamsul Hasan JJ.
Hira Ram Toofani
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 4503 of 1982 ;
Decided On : APRIL 11, 1988
The provisions of the Motor Vehicles Act, 1939, regarding reservation of permits for Scheduled Castes and Scheduled Tribes are mandatory and must be complied with by the transport authorities before granting permits.
Headnote:
MOTOR VEHICLES ACT - RESERVATION OF PERMITS FOR SCHEDULED CASTES AND SCHEDULED TRIBES - MANDATORY COMPLIANCE - COURT DIRECTS AUTHORITIES TO IMPLEMENT RESERVATION POLICY - WRIT PETITION DISPOSED OF WITH DIRECTIONS.
Fact of the Case:
Petitioner, a member of the Scheduled Caste, challenged the grant of stage carriage permits by the State Transport Authority without following the reservation policy for Scheduled Castes and Scheduled Tribes as mandated by the Motor Vehicles Act, 1939.
Finding of the Court:
The Court found that the State of Bihar had not issued any notification for reservation of permits in favor of Scheduled Castes and Scheduled Tribes as required by the amended Act 47 of 1978, which inserted various provisions for reservation in the Motor Vehicles Act.
Issues: 1. Whether the State of Bihar complied with the provisions of the Motor Vehicles Act, 1939, regarding reservation of permits for Scheduled Castes and Scheduled Tribes? 2. Whether the impugned orders granting permits without following the reservation policy were valid?
Ratio Decidendi: 1. The Court held that the provisions of S.47(1A), S.55(1A), and S.63(11A) of the Motor Vehicles Act, 1939, are mandatory and must be complied with before granting permits under S.48, S.56, and S.63(ii) of the Act. 2. The Court observed that the State of Bihar had failed to comply with the statutory mandate of providing reservation for Scheduled Castes and Scheduled Tribes as required by the amended Act 47 of 1978.
Final Decision: The Court directed the transport authorities to comply with the reservation policy as reflected in the amended Act 47 of 1978 and the notification bearing No. S.O. 453 dated 2nd April 1984, while granting permits under S.48, S.56, and S.63(ii) of the Motor Vehicles Act, 1939.
1. In this writ application the petitioner has prayed for issuance of a writ of certiorari for quashing the orders dated 26th, 27th and 28th Aug. 1982 as contained in Annexure-3 to the writ application, whereby and whereunder the State Transport Authority, Bihar granted permits for the route of Baikunthpur to Ranchi in favour of the respondent Nos. 2 to 5 as also for a writ of or in the nature of mandamus directing the State Government to comply with the provisions of S.47(1-A) and (1-B) of the Motor Vehicles Act 1939 by making provisions of reservation of permits for the members of Scheduled- Caste and Scheduled Tribe. The petitioner allegedly is a member of the Scheduled Caste being belonging to the Chamar Community.
2. In this writ application this Court is not concerned with the other provisions of the Motor Vehicles Act except Chapter IV thereof. Sec. 48 of the Motor Vehicles Act enables a Regional Transport Authority to grant stage carriage permit on an application made to it under S.46, the consideration for grant of permit, however, would be subject to the provisions contained in S.47 of the Motor Vehicles Act. Proviso to the aforementioned S.48 provides that no such permit shall be granted in respect of any rule or area not specified in the application. Sub-Sec. 3 of S.48 provides for conditions, which were to be attached to every permit granted under the said Act. Sec. 47 of the said Act provides for procedure. which are to be followed in the matter of consideration for grant of such carriage permit.
3. By reason of the Act No. 47 of 1978 the Parliament amended the said provision by inserting various Sub-Sections thereto which are as follows :-
"(1A) The Government of a State shall reserve in that State certain percentage of stage carriage permits for the Scheduled Caste and Scheduled Tribes. Explanation :-
In this Section and in S.55 and 63," Scheduled Castes" and "Scheduled Tribes" have the meanings respectively assigned to them in Art.366 of the Constitution.
(1B) The reservation of permits under Sub-Section (1A) shall be in the same ratio as in the case of appointments made by direct recruitment to public services in the State.
(1C) The Government of a State may, having regard to the extent to which persons belonging to economically weaker sections of the community have been granted stage carriage permits in that State - (a) reserve in that State such percentage of stage carriage permits, as may be prescribed for persons belonging to economically weaker sections of the community; or
(b) notwithstanding anything contained in the proviso to Sub-Section (1), give preference, in such manner as may be prescribed, to applications for stage carriage permits from such persons.
Explanation :-
1. In this Section and in (Ss. 55 and 68) a person shall be deemed to belong to economically weaker Section of the community, if and only if, on the prescribed date,- (a) the annual income of such persons together with the annual income, if any, of the members of his family; or
(b) the extent of land (whether in one class or in different classes) held by such person together with that, if any, held, by the members of his family; or
(c) the annual income and the extent of land aforesaid does or do, not exceed such limit, as may be prescribed.
Explanation :-
II For the purposes of Explanation 1 family in relation to an individual, means the wife or husband as the case may be of such individual and the minor children of such individual.
(1D) The number of permits reserved under Sub-Sec. (1B) and Cl.(a) of Sub-Sec. (IC) shall not exceed fifty percent of the total number of stage carriage permits granted during a calendar year."
(1E) In giving effect to the provisions of Sub-Sec. (1B) and Cl.(a) of Sub-Sec. (1C), the Regional Transport Authority or the State Transport Authority may, if it considers necessary or expedient so to do, group the various routes within its jurisdiction. (1F) Where any stage carriage permit is to be grant
