The main legal point established in the judgment is that the authority to grant permits belongs to the Regional Transport Authority, and the decision of an unauthorized committee is without jurisdiction, void, and without legal effect.

The question for consideration is whether the constitution of a committee by the Regional Transport Authority known as "scrutiny committee" and the decision by such committee to grant permits to ply state carriages, is valid. The question arises out of the facts stated in the next paragraph.

2. The respondent No.1 is the Scrutiny Committee appointed by the Regional Transport Authority who is the respondent No.3 to this petition. The respondent No.2 is the Secretary, Regional Transport Authority, and Malappuram. The petitioner Krishnan Nair operates his stage carriage No.KLM 5578 on the route Perinthalmanna-Pale made in Malappuram District. The respondent No.4 V. Hamza owner of state

carriage No. KL-10/4933, applied for grant of permit on the route Perinthalmanna-Maruthapuzhakadavue which overlaps the petitioner's service for 55 Kms. The" respondent No.4 submitted a set of proposed timings, which clash with the petitioner's timings. In view of representations by local bodies, students and villagers, the Regional Transport Authority, Malappuram, constituted a scrutiny committee consisting of Secretary, R.T.A., Deputy Director of Education, Malappuram and Principal, Malappuram College. The Secretary, Regional Transport Authority, Malappuram, in his counter-affidavit admits that the Regional Transport Authority, Malappuram "decided to form such a scrutiny committee to consider and dispose off applications for temporary permits after hearing members of public as well as students."

On 24-12-1992 the scrutiny committee considered the application by the respondent No.4 for a fresh temporary permit for 20 days. The order dated 24-12-1992 (Ext.P2 to the petition) records that the application was "considered by the scrutiny committee, Malappuram on 24-12-1992" and the permit was granted so that the vehicle could touch a place known as Mampad College. In pursuance of this permit the Secretary, R.T.A., Malappuram, on 24-12-1992 issued the permit (Ext.PS to the petition). These two orders are impugned in this petition under Art.226 of the Constitution of India.

3. Learned counsel for the petitioner urged that the authority to grant permits belongs to the Regional Transport Authority. Any application for grant of permit has to be considered and disposed off by such authority and not by the scrutiny committee.

4. The Regional Transport Authority is constituted by the Government in exercise of its power under S.68 of the Motor Vehicles Act. The Regional Transport Authority exercises the powers and performs the functions conferred by Chapter V of the Motor Vehicles Act. The Regional Transport Authority is composed of a Chairman and not more than two members. The Chairman shall be a person with experience as an adjudicator. The Scheme of Chapter V of the Act is that the authority to consider application for permits and grant them belongs to the Regional Transport Authority.

5. It will be seen therefore that the constitution and composition of the Regional Transport Authority envisages experience as an adjudicator capable of taking decisions. The Regional Transport Authority is expected to know the provisions of the Motor Vehicles Act and the Rules. The duties and functions of the Regional Transport Authority demand the ability to examine, scrutinise and evaluate the merits of an application in the background of a knowledge of the Act and the Rules. The legislature created the office of the Regional Transport Authority with the clear unmistakable intention that the Authority is capable of understanding and applying of the Act and the rules.

6. With its wide powers the Regional Transport Authority affects the citizens right to carry on business. The necessary implication of the constitution and composition of the Regional Transport Authority, is that its powers shall be exercised and duties performed by such authority and no one else. It stands to reason therefore that the only authority that can grant permits is the Regional Transport Author