Mini buses are classified as stage carriages entitled to apply for spare permits, ensuring continuity of service under the Motor Vehicles Act.

1. The petitioner has sought a Writ of Certiorari to quash the order of the first respondent dated 6-10-2004 in Appeal No. 1088/03 / A4 and for further orders.

2. Brief facts leading to the writ petition are as follows : -
The petitioner, is a stage carriage operator, operating his vehicle bearing Registration No. TN 23 - B 5819 on the route, Latteri to Kill Arasambut. The third respondent was granted a Mini Bus Permit to ply on the route "Vellore ARR Police Quarters to Avarampalayam" by the Regional Transport Authority, Vellore, the second respondent, in proceedings dated 11-9-2000. The third respondent has made an application for grant of Spare Mini Bus Permit to the second respondent. But order dated 30-6-2003, the second respondent has rejected the said application. Thereafter, the third respondent filed an appeal No. 1088 of 2003 before the State Transport Appellate Tribunal and by order dated 6-10-2004, the Tribunal set aside the order of the second respondent and directed him to reconsider the grant of Spare Mini Bus Permit. Aggrieved by the same, the petitioner has preferred the present Writ Petition.

3. Mr. Krishnappan, learned senior counsel appearing for the petitioner, inter alia contended that,
(a) The Vellore District is covered by an area approved modified scheme approved in G.O.Ms. No. 1525, Home (Transport III), dated 17-11-1999 and published in the Government Gazettee on the same day. As per the scheme, no private operator is entitled to the grant of any permit of stage carriage except for mini bus permit for a total distance of 20 kms., out of which 4 kms, can be in the served sector. Apart from the maximum / minimum number of route buses fixed for the State owned corporation in addition to the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasion only 250 mini buses have been fixed for private operations without any reserve vehicles for them. There is no mention in the area scheme regarding the grant of permit for any spare mini bus for the mini bus operators and therefore, the order of the first respondent holding that the spare bus permit can be granted, is contrary to the approved scheme of nationalisation.
(b) The order of the first respondent is without jurisdiction in so far as interpretation placed on S.72(2) (xvii) of the Act and R.176(7) of the Tamil Nadu Motor Vehicles Rules, 1989. The grant of mini bus permit is provided by a scheme of nationalisation formulated under Chapter VI. Further, in terms of S.98, the provisions of Chapter VI overrides the provisions of Chapter V and shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or any other law for the time being in force. Therefore, the learned Senior counsel has contended that an application made to the Regional Transport Authority by any one seeking permit has to be considered by the authorities with reference to the provisions of Chapter V and VI together. As the provisions of Chapter V under which the permit is sought are regulated subject to provisions of Chapter VI, by reasons of the overriding effect given to the latter by S.98 of the Act, S.72 of the Motor Vehicles Act or R.176(7) of the Tamil Nadu Motor Vehicles Rules, will have no application and consequently, the order of the first respondent is liable to be set aside.
(iii) Learned Senior counsel further submitted that as per S.80 of the Motor Vehicles Act, the authority concerned i