IMPORTANT POINT
Whether the age limit prescribed under Rule 260A is only the maximum prescribed for a stage carriage vehicle to operate under a specified category of permit, and if so, whether the RTA’s/STA can, while exercising their power to grant permits, prescribe a lesser age requirement for the vehicles to be operated under the permits concerned? On going through the provisions of Rule 260A-- The RTA’s/STA, therefore, do not retain any residual power to prescribe age requirements for the vehicles to be operated under the permits concerned. That prescription will henceforth be through the statutory Rule. If the State Government, in furtherance of any policy decision, seeks to alter the age requirement of such vehicles, it can do so only through an amendment of the Rules, in the manner authorised by the Statute.

JUDGMENT :

As the issue involved in these writ petitions is the same, they are taken up together for consideration and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No. 9 of 2020.

2. The petitioners are all stage carriage operators who are aggrieved by the stand taken by the respondent authorities under the Motor Vehicles Act that, for obtaining a fresh stage carriage permit, they have to offer a vehicle that is not older than 8 years, for operation under the permit. The stand taken by the respondents is stated to be based on the decision taken by the State Transport Authority [STA] at its meeting on 16.01.2019, the minutes pertaining to which are produced as Ext.P3. The relevant portion of Ext.P3 minutes reads as follows:

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4. As per Section 72(2) the RTA's are empowered to grant permit for the stage carriage of a specified description when it decides to grant a stage carriage permit. As “specified description” has been defined by the Hon'ble Supreme Court. The Hon'ble Supreme Court in CA No.5227/2003 dated 04/08/2010 [2010 (4) KLT 597 SC] has held that “the expression 'specified description' is very wide and this would include the fixing of age of the vehicle also. Restricting the age of the vehicle for the grant of permit for a stage carriage is obviously in the public interest because old vehicles can cause accidents and inconvenience and therefore, the authorities under the MV Act 1988 are perfectly justifies in placing such restriction for grant of the permit.” Hence the RTAs are empowered to restrict the age of vehicle for grant of stage carriage permit. As per Section 68(3)(a) the State Transport Authority is empowered to coordinate and regulate the activities and policies of the RTAs of the State. Hence the STA is empowered to fix/restrict the age of the vehicle for grant of stage carriage permit as the intention is only to bring in a consensus regarding the same.

5. The aspects put forward by the R&D Team constituted by the Department were also considered by the STA. The report emphasizes the negative impact on the transporting system, both Government and Private sector, to the general public as they expect more efficient, adequate, modern and safe road transportation system.

Government vide GO (P) No.43/2018/Tran dated 01.12.2018 enhanced the age limit of Super Fast Services and Fast Passenger Services in the State from five years to seven years. Besides, the enhancement of total life span of stage carriages is under the consideration of Government. Considering the above aspects, STA decided to re fix the upper age limit for applying and granting fresh regular permit to Ordinary, City/Town and LSOS Stage Carriages as 8 years.”

3. In the case of all the petitioners, the regular permits sought for by them on various routes were sanctioned with the rider that the vehicles offered for operation under the permits would have to be not older than 8 years. Assailing the objectionable condition imposed in the orders sanctioning the permit, as well as the decision of the STA on the basis of which such a condition was imposed, the petitioners in W.P. (C).Nos.27745, 28971 and 30597 of 2019 approached this Court through their respective writ petitions, and obtained interim orders directing a consideration of their applications for issuance of temporary permits on the respective routes, without insisting on the condition as regards age of the vehicles.

4. In the case of the petitioners in W.P.(C).Nos.9, 61 and 460 of 2020, they assailed the condition imposed in the orders sanctioning their permits before the State Transport Appellate Tribunal [STAT] through Revision Petitions filed before the said forum. While the said forum granted them similar interim orders directing the issuance of temporary permits pending disposal of the Revision Petitions, the Revision Petitions were subsequently dismissed by the STAT by up