Bapna, J.—These two petitions arise out of the same facts. The parties have produced documents favourable to each, but their genuineness has not been disputed. The two petitions are disposed of by one and the same judgment.

2. Certain applications were received for starting Bus Service in Jaipur City, and the R.T.A , Jaipur, by Resolution No. 412 of 1953, dated 5th/9th/l0th September, 1953, decided that

(1) Messrs Central Transport Service, Jaipur.

(2) Messrs United Motors, Jaipur, and

(3) Messrs Jai Hind Cooperative Society Ltd , Jaipur,

be sanctioned stage carriage permits for six buses each to run bus service in the City of Jaipur within the municipal limits on the following conditions—

(1) That each applicant shall put in six buses 1953 model within 3 months

of the sanction.

(2) That the body of each bus shall be omnibus type conforming to the specifications and design approved by the R.T.A.

(3) That the approved routes in the City shall be grouped in 3 zones and each of the applicants shall ply his buses in each Zone in rotation for a period of one month at a time.

It was further resolved that a Sub-Committee of Shri B. N. Bhargava and Shri N.N. Verma be consituted to examine and determine three zones of routes in the City.

3. Messrs. United Motors went out of the field. The Central Transport Service and the Jai Hind Co-operative Society Ltd. were given extensions of time within which to put new buses on the road, and in the meanwhile were granted temporary permits. The Central Transport Service put in two new buses by the 9th of March, 1954, and agreed to put the remaining four new buses by and by. 1 be Jai Hind Co-operative Society did not put in any new bus on the road, and the extensions granted to it also expired. The Society sought the permission of the Regional Transport Authority by application of 25th March, 1954, for extension of time in respect of their temporary permits till they were able to put in new buses, which they hoped to do in one months time, but the extension was not allowed by the R. T. A. by Resolution No. III of 3rd April, 1954. Another application was made by the Society on the 20th of April, 1954, for grant of temporary permits till they were able to put new buses on the road. A second application was made on the same day for waiving the condition of putting in new buses on the road. They said therein that they bad with them buses of 1949-50 model in a fit condition, and urged that the requirement of a particular model was not in consonance with the Motor Vehicles Act, and referred to certain decisions of the Appellate Authority.

4. The R. T. A. considered the matter in their meeting of 26/27th April, 1S54, and by resolution No. 167 of 1954 rejected the two applications with an observation that —

"(a) The applicant failed to produce 6 buses of the model ordered by the R.T.A. within 3 months time allowed to him. Not only that, one months extension allowed has also expired and the sanction of the R.T.A. stands liable to revocation on this account alone under sec. 60 of M. V. Act read with rule 86(b) of the Rajasthan Motor Vehicles Rules. The fact that the applicant did not press his application for extention of time to produce buses in the last meeting on 3rd April, 1954, clearly indicates that he did not base his case on the ground which he has now taken and the result is that this application by which the applicant proposes to offer for the first time three buses of 1949-50 model and the two of 1944-46 model for issue of permits thereon is not within time in view of the provisions of Rule 86(b) of the Rajasthan Motor Vehicles Rules.

(b) The restriction of model imposed by this Authority is justified under law and entirely in the public interest. For city service vehicles are required to be of omnibus type and thus of a different type of body. The buses offered by the applicant do not appear to be of omnibus type, besides being 5 to 10 years old and not suitable for city bus service.

(c) For a sufficiently lo

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