1969 (9) TMI 120 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the application for stage carriage permits under Section 46 of the Motor Vehicles Act, 1939.
2. Jurisdiction and power of the Regional Transport Authority and the Appellate Committee.
3. Compliance with the mandatory provisions of Section 46 and the prescribed form.
4. Authority of the High Court under Articles 226 and 227 of the Constitution.

Detailed Analysis:

Validity of the Application for Stage Carriage Permits under Section 46 of the Motor Vehicles Act, 1939:
The appellant, a State Corporation, applied for stage carriage permits on several routes. The applications were contested on the grounds that they did not fully comply with the mandatory information required under Section 46 of the Motor Vehicles Act, 1939, and the prescribed form. The Regional Transport Authority initially granted the permits to the appellant. However, the Appellate Committee later found that certain essential details were missing from the appellant's application, leading to a remand for reconsideration.

Jurisdiction and Power of the Regional Transport Authority and the Appellate Committee:
The Appellate Committee remanded the case to the Regional Transport Authority, directing the appellant to furnish complete information. The High Court later held that the Appellate Committee had no jurisdiction to allow the appellant to amend its defective application. The High Court remanded the appeals to the Appellate Committee to reconsider the applications of all parties except the appellant.

Compliance with the Mandatory Provisions of Section 46 and the Prescribed Form:
The High Court found that the appellant had not properly complied with the requirements of Section 46, particularly in columns 10, 14, and 15 of the prescribed form. The court held that the application lacked necessary particulars, making it defective and not deserving consideration. The Supreme Court, however, disagreed, stating that the form prescribed by the State Government is valid and within the rule-making power under Section 68 of the Act. The Court emphasized that while the application must substantially conform to the requirements, the authorities do not have the power to summarily reject an application for lacking certain details.

Authority of the High Court under Articles 226 and 227 of the Constitution:
The Supreme Court acknowledged the High Court's power under Articles 226 and 227 to quash an order when the error is apparent on the face of the record. However, it clarified that the High Court's view that the application was invalid due to non-compliance with certain particulars was incorrect. The Supreme Court held that the application should be considered on merits, and any deficiencies in information should be addressed during the consideration process, not as a ground for summary rejection.

Conclusion:
The Supreme Court set aside the High Court's order and restored the Appellate Committee's order, allowing the appellant to furnish additional particulars. The Court emphasized that the application must be considered on its merits, and any deficiencies should be addressed during the evaluation process, not as grounds for summary rejection. The respondents were ordered to pay the costs of the appellant.