The main legal point established in the judgment is the validity of notifications under the Motor Vehicles Act, specifically regarding the reservation for SC/ST and the legal malice in the issuance of successive notifications.

1. Facts: The bus operation in the Thiruvananthapuram city was nationalised under the schemes notified on 16th October 1965, 26th June 1962 and 11th December 1975 whereby only K.S.R.T.C., i.e. Kerala State Road Transport Corporation, hereinafter referred to as 'the Corporation', alone could conduct stage carriage service in the city and in the surrounding areas. During November, 1993, a section, of the employees of the Corporation went on strike putting the travelling public to hardship. Therefore, as a relief measure the Government issued temporary permits to private operators till the Corporation resumed services. Even after the strike was called off, the Government appears to have decided as a policy to continue private stage carriages in the city by issuing temporary permits. Government of India by notification S. O.954 (E), dated 15th December 1993 directed the State Government to limit the number of stage carriages operating in the city routes in Thiruvananthapuram city only. Government of Kerala considered it as expedient to issue the notification in G. O. (P) No. 108/94/P.W. and T., dated 24th November 1994 limiting the number of stage carriages. In keeping with the line of the policy of the Government and in order to provide transport facilities the Government issued on the same day another notification modifying the then existing scheme in exercise of the power under sub-S.(2) of S.102 of the Motor Vehicles Act, 1988, whereby private buses may be allowed to ply within the city limits of Thiruvananthapuram Municipal Corporation, with the result that the total number of stage carriages to be operated within the city limits of Thiruvananthapuram was fixed at 510. Out of which 410 stage carriages are to be operated by the Corporation. The number of stage carriages operated by others is fixed at 100. Pursuant to these notifications applications were invited for the grant of 100 regular stage carriage permits during the period 8th December 1994 to 24th December 1994. About 423 applications were received and considered by the R.T.A., Thiruvananthapuram in its meeting held on 29th December 1994. After hearing the applicants the R.T.A. took a decision granting 100 permits distributed on 50 routes. O. P. No. 43 of 1995 was preferred before this Court challenging the notification G. O. (P) No. 108/94/P.W. & T., dated 24th November 1994 and seeking to quash the said notification and also to stay the grant of regular permits that would be issued in pursuance to the said notification. The Original Petition was dismissed by a learned Single Judge by a considered judgment dated 1st February 1995. Meanwhile the proceedings of the R.T.A., dated 29th December 1994 granting the permits were despatched on 9th February 1995 directing the grantees to produce the current records. Writ Appeal No. 172 of 1995 was filed against O. P. No. 43/1995 and an interim direction in C.M.P. No. 491 of 1995, dated 2nd March 1995 was ordered by the Division Bench of this Court holding that the appellants have not made out a case for staying the issuance of permits granted to the respondents. It is seen that most of the grantees have submitted their current records of the vehicle for the issue of the permits by the first week of March. However, the grantees were not issued the permits by the authorities. It was at this stage the Government issued the notification in G. O. (P) No. 15/95/ P.W. &T., dated 7th March 1995 rescinding the earlier notification in G.O. (P) No. 108/94/P.W. and T., dated 24th November 1994. The explanatory note to the notification stated that since the percentage of reservation of stage carriages for , SC/ST has not been specifically mentioned and since the Government intends to issue a revised notification the earlier notification was decided to be cancelled. Thereafter the Government issued last notification, G.O. (P) No. 21/95/P.W. &T., dated 24th March 1995, whereby while fixing the limit of stage carriages operating on th