The rejection of a permit application based on a scheme must comply with constitutional provisions promoting the interests of Scheduled Castes and Scheduled Tribes, ensuring their rights are upheld.

JUDGMENT AMIT RAWA L , J .

The present intra court appeal is directed against the judgment dated 24.11.2017 rendered by the single Bench in W.P.(C)No.31064 of 2017, whereby challenge laid by the first respondent – writ petitioner with regard to quashing of the order Ext.P7 dated 04.08.2017 of the Regional Transport Authority, has been allowed.

2. Succinctly the facts in brief for adjudication of the lis are enumerated hereinbelow:

Respondent – writ petitioner is a member of scheduled caste belonging to Cheramar community and also a member and worker of Trivandrum District Scheduled Caste and Scheduled Tribe Motor Transport Co-operative Society Limited No.870 (hereinafter referred to as ‘the Transport Society’, for short). Till the year 1994, for the purpose of operating in the Thiruvananthapuram city, stage carriage permits were exclusively used by the Kerala State Road Transport Corporation (hereinafter referred to as ‘KSRTC’, for short) on the basis of the notification issued by the Government under Chapter VI of the Motor Vehicles Act, 1988 .

3. Owing to a strike amongst the employees of the KSRTC, the entire public transport system came to a halt and Government had no other choice but to introduce the operation of the private stage carriages permit in the Thiruvananthapuram city by way of issuing a notification under Section 71 (3) of the Motor Vehicles Act, by limiting the total number of city permits to 510, out of which, 100 permits were reserved for private operators. Thus, for all intents and purposes, the existing notifications relating to the schemes of nationalization, which stood against the grant of permit to private operators were modified by incorporating permission to operate 100 permits by the private operators.

4. Section 71 (3) of Motor Vehicles Act also envisaged the reservation for Schedule Castes and Scheduled Tribes. The Transport Co-operative Society was running a stage carriage bearing No.KL-05/K 9511 on the basis of the permit issued on 30.06.1995, which was subsequently renewed from time to time and valid upto 29.06.2015. Thereafter, the Society defaulted service and the route in operation was brought to a standstill. Respondent- writ petitioner along with five(5) workers purchased a stage carriage bearing No.KL 01/Z 678 and substituted temporary permit in the aforementioned vacancy was granted vide Ext.P3 from 24.01.2016 and continued to operate till 16.03.2017 without any demur, interruption etc.

5. In the meantime, the Transport Society also submitted an application for renewal of the permit on 16.01.2016. The matter was adjourned for holding a detailed enquiry regarding the functioning of the Society and was rejected by stating with the Society was not in a position/capable of running the stage carriage permits despite the fact that the District planning Officer, Collectorate, Thiruvananthapuram was also requested to intervene for the purpose of transferring the permit in their favour. Petitioner who belonged to the scheduled caste community and a worker and member submitted a representation dated 08.05.2017 to the Regional Transport Authority, Thiruvananthapuram under Rule 143(e) of the Kerala Motor Vehicles Rules for issuance of the regular permit on account of the vacancy by way of regularization. The aforementioned representation kept on pending resulted into a direction by this Court in Writ Petition (C)No.20159 of 2017 vide judgment dated 16.06.2017. It is in that background the order Ext.P7 has been passed, rejecting the request.

6. Ext.P7 was passed on the basis of the scheme promulgated by 14.07.2009 and thereafter,