A. VISWANATHAN versus STATE TRANSPORT APPELLATE TRIBUNAL, PONDICHERRY & ANOTHER

Citation: [1987] 2 S.C.R. 179 · Decided: 06-02-1987 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Disposed off

Judgment (excerpt)

• 
A. VISWANATHAN 
A 
v. 
STATE TRANSPORT APPELLATE TRIBUNAL, 
"of 
PONDICHERRY & ANOTHER 
' 
FEBRUARY 6, 1987 
B 
[E.S. VENKATARAMIAH, G.L. OZA AND M.M. DUTT, JJ.] 
~ 
Motor Vehicles Act, 1939: Sections 46, 57, 62 & 47(1A)-lssue of 
temporary permits by R. T.A. repeatedly for a long number of years-
Whether permissible-Temporary permits to be effective for limited 
-= y 
period of 4 months-Stage carriage permits-Reservation for Scheduled c 
Castes, Scheduled Tribes-Constitutionally valid. 
Respondent No. I-State Transport Appellate Tribunal set aside 
·-t 
a temporary permit to ply a stage carriage on the Pondicberry-Madras 
route issued under s.62 of the Motor Vehicles Act, 1939 in favour of the 
appellant, and granted it in favour of respondent no. 2 for the remain-
D 
ing period of the temporary permit. Hence this appeal by sptcial leave. 
The Court found that the period of temporary permit having come to an 
end, no further orders are necessary as regards the person who could 
operate a stage carriage under that permit. 
. ..I 
The Union Territory of Pondicherry, after the lapse of 7 years 
E 
from the date of the amendment of section 47 of the Act, issued rules on 
12.6. 1985 regarding reservations to be made in favour of persons be-
longing to Scheduled Castes and Scheduled Tribes under Section 47( IA) 
of the Act. Having regard to the slackness that is creeping into the 
manner in which the provisions of the Act regarding reservation of 
' 
certain percentage of stage carriage permits to be made in favour of F 
persons belonging to Scheduled Castes Scheduled Tribes, and issue of 
temporary permits are being administered by some Transport Autho-
rities, this Court, 
HELD: I.( I) Section 47 of the Act deals with the procedure to be 
followed by a Regional Transport Authority. In considering an applica-
G 
lion for a stage carriage permit the Regional Transport Authority 
should have due regard to the following matters, namely: (a) the in-
.~ terest of the public generally; (b) the advantage to the public of the 
service to be provided, including the saving of time likely to he effected 
thereby and any convenience arising from journeys not being broken; 
H 
(c) the adequacy of other passenger transport services operating or 
179 
A 
B 
c 
D 
E 
180 
SUPREME COURT REPORTS 
[1987] 2 S.C.R. 
likely to operate in the near future, whether by road or other means, 
between the places to be served; (d) the benefit to any particular locality 
or localities likely to be afforded by the service; (e) the operation by the 
applicant of other transport services, including those in respect of 
which applications from him for permits are pending; and (I) the condi-
tion of the roads includ,ed in the proposed route or area. It should also 
take into consideration any representations made by persons already 
providing passenger transport facilities by any means along or near the 
proposed route or area, or by any association representing persons 
interested in the provision of road transport facilities recongnised in 
this behalf by the State Government, or by any local authority or police 
authority within whose jurisdiction any part of the proposed route or 
area lies. Thus the paramount consideration that should govern the 
decision of a Regional Transport Authority in issuing a permit to run a 
stage carriage is the interest of the general publice. [183E-H; 184A-B] 
1.(2) It was felt th"t the permits for plying stage carriages in India 
were being cornered by persons belonging to richer and more advanced 
classes in society, and persons belonging to the Scheduled Castes, 
Scheduled Tribes and other economically weaker sections of the com-
munity were not able to compete with people who were rich and more 
advanced. Parliament th:erefore amended section 47 of the Act by intFo-
ducing provisions for making reservation of certain percentage of stage 
carriage permits to persons belonging to Scheduled Castes, Scheduled 
Tribes and economically weaker sections of the community, viz Section 
47( IA). The reservation made in favour of the Scheduled Castes and 
Scheduled Tribes is protected by clause(4) of Article 15 of the Constitu-
tion oflndia. [184B-D; G] 
1.(3) If stage carriage permits are to be issued then in compliance 
F 
with sub-section( lA) of Section 47 of the Act certain percentage of the 
said permits would have to be reserved for the persons belonging to 
Scheduled Castes, Sched10led Tribes and if the Government so d

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