The judgment established the legal framework for imposing conditions in Permits under the Motor Vehicles Act, 1988, and ruled on the discriminatory nature of certain conditions, the authority of the STA to impose conditions through administrative meetings, and the specific directions regarding the imposition and communication of conditions in Permits.

JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The petitioners pray for a direction on the respondent nos.2 and 3, being the Secretary (Transport), Director of Transport/Chairman, State Transport Authority, A & N Administration, respectively, to recall and withdraw the show cause notices and suspension/cancellation orders issued by the respondents to the members of the petitioners/petitioners’ Union. The petitioners also seek a direction on the respondents to withdraw certain conditions in the Permits granted to the petitioners for plying autorickshaws in the Andaman & Nicobar Islands.

2. The petitioners are Unions and individual members who ply their auto rickshaws in the South Andaman District. The petitioners are aggrieved by inclusion of certain conditions in the Permits which were granted under the provisions of the Motor Vehicles Act, 1988.

3. The impugned Show cause notices were issued to the petitioners for alleged violation of the conditions of the Permits granted by the State Transport Authority (STA).

Arguments made on behalf of the parties

The Petitioners:

4. Learned counsel appearing for the petitioners submits that the source of the impugned show cause notices are certain Minutes of Meetings of the STA held in April and July, 2017, March, 2018, April, 2021 and June, 2023. Counsel submits that the petitioners did not have knowledge of these Minutes and came to know of the same only in July, 2023 when the authorities withdrew the No Objections granted to the petitioners and the petitioners were restrained from plying their auto rickshaws in the Islands. Counsel submits that the Minutes of Meetings forms the basis of the STA’s impugned decisions. Counsel challenges these Minutes as being discriminatory and de hors the law, i.e the Motor Vehicles Act, 1988 and the A & N Administration Notification dated 18.04.2006. Counsel submits that the petitioners’ licences/Permits can only be cancelled on violation of the provisions of the Act and further that the Minutes of the meeting cannot be termed as policy decisions.

The Respondents/State Transport Authority

5. Learned counsel submits that the members of the petitioners’ Union/s are all holders of the Permits issued by the STA and that a total of 257 Permits were issued from 2007-2021. Counsel submits that the persons in question accepted the Permits subject to the conditions specified therein.

6. Counsel submits that the impugned orders of suspension do not suffer from any breach of procedure or natural justice. It is further submitted that sections 67, 68 and 86 of the M.V. Act give wide powers to the Authority to suspend and cancel Permits in the event of breach of any of the conditions imposed in the Permits. Counsel relies on Rule 50(1) of the A & N Islands Motor Vehicle Rules, 2006, which gives powers to the STA to make bye-laws. Counsel submits that the policy decision of the STA to impose conditions are contained in the Minutes of the Meeting held on various dates from 2007-2023 and that the Court should not interfere in matters of policy except in extraordinary circumstances. Counsel further submits that the restriction on non-Islanders serves a larger public interest and constitutes reasonable restriction under Article 19(6) of the Constitution.

Added respondent:

7. Learned counsel appearing for the added respondents, who are local auto rickshaw drivers/members of local auto rickshaw unions, refers to the policy adopted by the STA since 1989 for allowing only Permit holders to ply auto rickshaws in the Islands. Counsel supports the arguments of the respondents in that Minutes of Meetings constitute the policy decisions of the STA. Counsel submits that the STA has been conferred with wide powers to make rules in appropriate matters which create a statutory basis in which the STA may regulate certain situations.

8. Counsel relies on the A & N Islands M.V. Rules, 2006 with regard to creating a specific legal regime empowering the STA with jurisdiction and powers. Counsel further submi