The exercise of discretion in granting stage carriage permits requires consideration of applicants' relative merits, especially in the absence of specific statutory guidelines governing such situations.

JUDGMENT :

SMITA DAS DE, J.

1. Affidavit of service filed in Court today, is taken on record.

2. Parties are heard through their respective learned counsels.

3. Mr. Aashutosh Bhattacharyya, learned counsel appears for the petitioner and submits that an online application dated 08.09.2024 for grant of one permanent stage carriage permit was made on the notified inter-State route Code 15- KCBT at Satragachi to Biharsariff via-Burdwan, Dhanbad, Hardia in a prescribed manner.

4. On the even date, the said application was considered and rejected without assigning any reason whatsoever.

5. Learned counsel for the petitioner also places reliance upon Section 71 Sub-Section 3 (d)of Motor Vehicles Act, 1988 (hereinafter referred to is the said Act) with regard to the procedure of the RTA in considering the application of the stage carriage permit.

6. Being aggrieved by the decision taken by the authority concerned, the petitioner had filed a writ petition being WPA 3835 of 2025. The matter was heard at length and the Co-ordinate Bench of this Hon’ble Court by an order dated 18.03.2025 disposed of the writ petition directing, inter alia, to consider the representation and dispose of the same by affording an adequate reasonable hearing to the petitioner as well as respondent by passing a reasoned order.

7. In pursuance of the said order, a notice of hearing was issued by the Secretary State Transport Authority, West Bengal on 11.04.2025 fixing the date of hearing on 21.04.2025.

8. Thereafter on the date of hearing, STA Board rejected the application on the ground of “First in First out(fifo)”.

9. The petitioner therefore challenges the said decision of the STA Board, which is the subject matter of challenge in this writ petition.

10. Mr. Amal Kumar Sen, learned Additional Advocate General appears for the State fairly submits that the notification dated May 8, 2025 has been introduced wherein in Paragraph-5 Clause-C speaks of issuing new permits ‘first come first serve’ basis. The said paragraph 5(C) is reproduced below:-

“All the RTAs shall dispose of the applications on First come First Serve’ basis, based on the date and time of application as mentioned above in order to ensure transparency and to preempt the element of discretion in the approval of a new permit from amongst the valid applications received.”

11. It is also submitted that this notification come into force on May 8, 2025 whereas the application and the decision was much prior to the enforcement of the notification in question.

12. Mr. Bhaskar Nandi, learned counsel appearing for the private respondent no.4 submits that Section 71 Sub-Section (3)(d) only speaks of the procedure of the Regional Transport Authority whereas the case of the applicant is for inter-state region and the same has to be decided by the State Transport Authority. It also submitted that the statue is silent about the procedural of the State Transport Authority in considering the application of the inter-state stage carriage permit.

13. The private respondents also place reliance upon a Division Bench judgement of this Hon’ble High Court and relied upon paragraph 11 to 13, which is reproduced below:-

“11. The first question which needs to be answered is- What is the nature of the power exercised by the Transport Authority in granting a stage carriage permit?

12. Section 71 (3)(d) provides:

“After reserving such number of permits as is referred to in clause (c ), the Regional Transport Authority shall in considering an application have regard to the following matters, namely:-

(i)