The only question that arises for determination in this application under Article 226 of the Constitution for the issue of a writ of Certiorari is, whether Rule 160-B of the Rules framed under the Motor Vehicles Act is intra vires.

The petitioner held a stage carriage permit issued by the Regional Transport Authority, Malabar, for plying his bus from Olavakote to Palghat. He transported postal mails for a time by contract direct with the postal authorities. On 2nd December, 1953, he informed the Regional Transport Authority, Malabar, ,that he would not be able to carry the mails any further. The Regional Transport Authority enforced the condition of the permit prescribed by Rule 160-B and directed the Petitioner, by its order, dated 12th April, 1954, to carry mails in return for a monthly subsidy of Rs. 150. The petitioner moved the Government without success under section 64-A of the Act 10 set aside that order. It is the validity of that order which has been challenged in the application for the issue of a writ of Certiorari.

Rule 160-B runs:

“It shall be a condition of every stage carriage permit that the holder of the permit shall, if so required by the transport authority wh