1. Being aggrieved by the decision of the Regional Transport Authority, Kamrup (Metro), imposing a ban on the operation of school buses and city buses which have attained the age of 15 years or more and a similar ban in respect of operation of share taxis which have attained the age of 10 years, the petitioners are before this Court assailing the said decision of the Regional Transport Authority [hereinafter referred to as the RTA, Kamrup (Metro)] taken in the meeting held on 07.12.2013 as well as the consequent Government Notification dated 04.03.2014.

2. The brief facts leading to filing of the aforementioned writ petitions may be noticed as follows. In a meeting held in the office chamber of the Deputy Commissioner, Kamrup (Metro), the RTA, Kamrup(Metro) on 07.12.2013, a number of decisions aimed at regulating the public transport system in the Kamrup (Metro) area were taken. Accordingly, under agenda item No 8 a decision was taken by the RTA to impose a ban on operation of school buses, city buses and share taxis (trekkers etc.) which have attained a certain age. The minutes of the meeting pertaining to the agenda item No.8 is quoted herein below :-

“AGENDA ITEM NO.8

Discussions on imposing permit condition on the age of school buses, city buses and shared taxis (trekker etc.)

The meeting involved a discussion on the physical condition of school buses, city buses and shared taxis (trekkers etc.). The following are the main concerns :

The physical condition of most of these PSVs are very deteriorated/dilapidated.

Passengers’ safety is at risk.

Aesthetics of our city has been jeopardized by these age old vehicles.

Other commuters and pedestrians safety is also threatened.

In view of the above it was decided that no vehicle over 15 years old shall be permitted to operate as school buses or city buses. The vehicles which have attained this age limit of 15 years or more and are still currently plying will be given a period of 6 months to be replaced. The new vehicles should compulsorily have a GPS.

In case of shared taxis which have attained an age of 10 years, it will be required to replace the vehicle with any other LMV barring trekkers and Tata Spacio. The new vehicle should compulsorily have a GPS and fare meter installed.”

3. Thereafter, the Government of Assam in the Transport Department had issued a Notification dated 04.03.2014 imposing certain special conditions on the issuance of permit for the city buses and school buses aged more than 15 years as well as share taxis which had attained the age of 10 years or more. By the said notification an option has been given to the permit holders to replace the old vehicles by bringing in new vehicles except light motor vehicles of the make of “trekker” and “Tata Spacio”. The notification dated 04.03.2014 is quoted herein below for ready reference :-

“GOVERNMENT OF ASSAM

TRANSPORT DEPARTMENT : DISPUR

NOTIFICATION

Dated Dispur the 4th March, 2014

No.TMV.31/2014/25 : Whereas the Sub-Section (2) under section 72 and Sub-Section (2) under section 74 provide the provisions to impose certain conditions attached to both Stage Carriage and Contract Carriage Permits as laid down under the Sub-Section in the Motor Vehicles Act, 1988 and whereas RTA Kamrup (Metro) in their meeting held on 7th December, 2013 has a discussion on the physical condition of school buses, city buses and shared taxis (trekkers etc.). The following are the main concerns :

The physical condition of most of these Public Service Vehicles (PSVs) is not satisfactory.

Passengers’ safety is a matter of concern due to their condition.

Plying of such vehicles in the city projects it in bad light apart from being hazardous to commuters and pedestrians.

In view of the above it was decided that no vehicle over 15 years old shall be permitted to operate as school buses or city bus. The owners of vehicles which have attained this age limit of 15 years or more and are still currently plying will be given a period of 6 months to be replace