The Regional Transport Authority (RTA) is competent to impose a condition regarding the age of the vehicle for grant of a Permanent Stage Carriage Permit in the interest of the traveling public.

P. K. Samanta, Prasenjit Mandal, JJ.

( 1 ) THIS is an application for stay of operation of the judgement and order dated 13th April, 2005 passed by the learned Single Judge in W. P. No. 160 (W)of 2005. The writ petitioner applied for Permanent Stage Carriage Permit (Express Service) on the route DN-18 (Express) Shyambazar to Hasnabad before the Regional Transport Authsrity (R. T. A in short ). The said R. T. A. upon consideration of the application of the writ petitioner issued an offer letter dated 15th June, 2004 under its memo No. 807/mv/rta/bst, directing him to place a vehicle with the specification and on the terms and conditions as noted therein within 120 days from the date of issue of the said offer letter. The said offer letter contained various terms and conditions out of which the condition No. 3 is of relevance for the purpose of disposal of this application. The said condition reads as under:

"the age of the vehicle must not be more than three years from the date of issue of offer letter and subject to observation of serial No. l referred to above. "

( 2 ) SERIAL No. 1 of the conditions refers to the emission standard of the vehicle that may be put on the route by the writ petitioner on the strength of the offer letter.

( 3 ) IT is not disputed that pursuant to the said offer letter the petitioner by its letter dated 25th June, 200)4 produced before the Regional Transport authority all relevant documents of the vehicle in question that was sought to be put in the route in terms of the said offer letter. It is also evident there from that the said vehicle was registered with the Motor Vehicles department of the Government of West Bengal some time in the year 1988. The registration certificate also discloses that the vehicle in question was manufactured in the year 1988. As the said vehicle did not fulfil the condition no. 3 of the offer letter, no permanent stage carriage permit was issued to the writ petitioner.

( 4 ) THE writ petitioner accordingly moved a writ petition in this Court for a writ in the nature of mandamus commanding the Regional Transport authority to issue stage carriage permit in the said route to the writ petitioner in respect of the said vehicle as it failed to issue the same on the basis of the said offer letter, interestingly, the said writ petition was moved in this Court after a long lapse of ten months from the date of issue of the said offer letter. The learned Trial Judge disposed of the writ petition by commanding the Regional Transport Authority to issue the permanent stage carriage permit to the writ petitioner in respect of the said vehicle on the basis of the said offer letter with specific direction that the said offer letter should be treated as valid for the purpose of grant of a Permanent Stage Carriage permit even though the same lapsed its force in terms of the provisions of rule 141 of the West Bengal Motor Vehicles Rules, 1989. The learned Trial, judge passed such an order only because the petitioner produced necessary certificate from the competent authority to the effect that the vehicle in question conformed to the standard of emission as contained in the amended rule 115 (II), Clause D, Note-4 of the Central Motor Vehicle Rules, 1989. The learned Judge relaying upon a decision of this Court held that for conforming to the emission standard and in terms of the provision of amended rule 115 of the West Bengal Motor Vehicles Rules, for the purpose of granting permit in a route in respect of a vehicle, alternative acceptable standard of emission of BS II is permissible. On the face of the said order it does not appear that the learned Trial Judge dealt with the question as to whether the vehicle in question fulfilled the condition No. 3 of the offer letter for the purpose of grant of a permit.

( 5 ) MR. Khan, learned Advocate appearing on behalf of the Regional transport Authority has seriously challenged the said judgement and order of the learned Trial Judge on two-fol

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