Rajasthan High Court
Amin S/O Rodu Khan vs The Member on 24 February, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11132/2021
Amin S/o Rodu Khan, Aged About 40 Years, R/o Kaayampura,
Tehsil And Distt. Ajmer (Raj.)
----Petitioner
Versus
1. The Member, Regional Transport Authority, Ajmer Region
Ajmer
2. The Secretary, Regional Transport Authority, Ajmer Region
Ajmer
----Respondents
For Petitioner(s) : Mr. Satish Kumar Khandelwal
For Respondent(s) : Mr. S.S. Raghav, AAG
Mr. Ajay Singh Rajawat
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
24/02/2022
Counsel for the petitioner submits that the issue involved in
this writ petition has been considered and decided by the Co-
ordinate Bench of this Court in the matter of Abdul Gaffar Vs.
State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 10621/2019)
wherein on 09.04.2021 following order was passed;
"The petitioners are from General category and
applied for the State carriage permit in Ajmer
city for the route, Tabbize to Shastri Nagar
extended up to Jannana Hospital under the
gazette notification dated 31.07.2017. As per
the said notification, there were fixed scope of
twenty-six permits out of which three were
meant for SC and ST. However, there were no
SC/ST applicant. As per the notification, it also
stated that if no SC/ST candidate/applicant is
available for one year, the said three permits
would be open for being released for General
category persons.
However, after expiry of one year, the said three
permits were not released and therefore the
present petitioners filed an appeal before the
(2 of 4) [CW-11132/2021]
State Transport Appellate Tribunal (hereinafter
referred to as STAT) by filing the appeals
No.18/2019, 19/2019 and 42/2019.
Vide its order dated 04.06.2019 STAT has
rejected the appeals and has further held that
the said permits meant for SC/ST shall remain
reserved for them alone and further directed the
Transport Department to issue a fresh
advertisement within thirty days for allowing
permit to SC/ST alone. Feeling aggrieved of the
order dated 04.06.2019, the present writ
petitions have been filed.
This Court after noticing the aforesaid facts,
passed following order on 02.07.2019 as
under:-
"In the meanwhile, the
respondents are restrained to
proceed further in pursuance
of order passed by the
Appellate Authority
dt.04.06.2019 and they are
further restrained to finalize
any application in pursuance
of notification dt.27.06.2019
issued by the Regional
Transport Officer, Ajmer."
Learned counsel for the petitioners as
well as counsel for the State and the
department submit that the notification
issued on 31.07.2017 admittedly provided
three permits for SC/ST as per the
reservation policy and no applicant came
forward from SC/ST category.
However, learned counsel submits that now
they should be allowed to issue fresh notice
in terms of the order passed by Appellate
Authority.
I have considered the submissions. This
Court finds that the order passed by the
Appellate Authority seeks to change the
conditions of the notification dated
31.07.2017 as well as Rule 5.7 of the
Rajasthan Motor Vehicle Rules, 1990:-
"5.7. Disposed of
application of stage
carriage permit
where limit has been
fixed-
(1) Where the number
of stage carriage are
fixed under sub-section
(3) (a) of section 71 of
the Act the stage
carriage permit to the
extent of the 16% and
12% shall be reserved
for the applicants
belonging to the SC/ST
respectively.
(3 of 4) [CW-11132/2021]
(2) In case the
applications received
from SC and ST are less
than the permits to be
issued to them under
sub-rule (1), the
number of permits
which could not be
issued to the persons
belonging to the SC and
the ST shall be carried
forward but such carried
forward quota shall
automatically lapse after
one year.
(3) The State Transport
Authority or the
Regional Transport
Authority may group
various routes within
the State/Region for
which limit of the permit
has been fixed for the
purpose of granting
stage carriage permits
to the applicants
belonging to the SC/ST
as per sub-rule (1).
(4) The procedure for
disposal of application
before the Regional
Transport Authority will
be the same as
mentioned in Rule 5.6."
Thus, it has passed an
order beyond its
jurisdiction. The Tribunal
would not be authorized
to change the conditions
laid down in the
notification.
If the notification specifically mentions that the
reservation of permits for SC/ST shall operate only
for a period of one year, the order of the Tribunal
holding that once the permit is for reserved
category, it shall remain always reserved, goes both
beyond the notification as well as Rule 5.7 of the
Rajasthan Motor Vehicle Rules, 1990.
In view thereof, the order passed by the Tribunal is
quashed and set aside. The directions for issuing a
fresh notification is also quashed and set aside. The
respondents shall now issue temporary permit to
the applicants in terms of the notification dated
31.07.2017.
The writ petitions are allowed accordingly.
All pending applications stand disposed of."
(4 of 4) [CW-11132/2021]
In that view of the matter, the present writ petition is disposed of
with a further direction to the respondent(s) to consider the case
of the petitioner in the light of the judgment passed in the matter
of Abdul Gaffar (supra) and if any vacancy is available, the case of
the petitioner be considered in accordance with law.
(INDERJEET SINGH),J
CHETNA BEHRANI /132
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