CWP No.3388 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3388 of 1991 Date of decision:06.07.2011 Mastuana Bus Service Regd. Suman, District Sangrur through Karnail Singh son of Sh.Tarlok Singh, its Managing partner ..... Petitioner VERSUS The State Transport Appellate Tribunal, Punjab at Chandigarh and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Baldev Kapoor, Advocate for the petitioner. Mr.S.S.Sahu, AAG, Punjab for the respondents. ***** RAJIVE BHALLA, J.(ORAL) The petitioner prays for issuance of a writ in the nature of certiorari for setting aside the orders dated 08.11.1990 and 27/28.10.2088, passed by the State Transport Appellate Tribunal, Punjab at Chandigarh and the State Transport Commissioner, Punjab, Chandigarh. The petitioner-firm admittedly falls in the Scheduled Caste category and, therefore, applied for grant of a 'State Carriage Permit' from Malerkotla to Bathinda as a Scheduled Caste applicant. The application was rejected by the State Transport Commissioner on the ground that though notification dated 13.09.1979 provides for 25% reservation for Scheduled Castes but as the petitioner has already been CWP No.3388 of 1991 -2- granted a permit, it cannot be granted a second permit. An appeal filed by the petitioner was dismissed by the State Transport Appellate Tribunal. Counsel for the petitioner submits that the petitioner's right to allotment of a 'State Carriage Permit' flows from the notification dated 13.09.1979. The notification requires the respondents to reserve 25% quota of 'State Carriage Permit' for members of Scheduled Castes. The notification does not place any impediment on the number of permits to be allotted to a Scheduled Caste candidate. The mere fact that the petitioner holds another permit could not be pressed into service to reject the petitioner's claim. In support of the arguments, counsel for the petitioner places reliance upon a judgment of this Court in M/s Mohali Bus Service Regd. Jalandhar V/s State Transport Appellate Tribunal, Chandigarh and others, CWP No.4585 of 1991. Despite service, no-one has put in appearance on behalf of contesting respondent No.3. I have heard counsel for the petitioner and perused the impugned orders. The petitioner firm, admittedly falls in the Scheduled Caste category and is, therefore, entitled to grant of 'State Carriage Permit' as a Scheduled Caste applicant. The order passed by the State Transport Commissioner, rejecting the petitioner's claim on the ground that the petitioner has already been granted a permit in the reserved category, is not referable to any provision whether in the scheme, or in the statue. CWP No.3388 of 1991 -3- Vide notification dated 13.09.1979, the Punjab Government has provided reservation of 25% for members of the Scheduled Caste but without any impediment on the number of such 'State Carriage Permits' to be allotted. In this view of the matter, the writ petition is allowed, the impugned orders are set aside and the matter is remitted to the State Transport Commissioner for allotment of a 'State Carriage Permit' to the petitioner in accordance with law. 06.07.2011 [ RAJIVE BHALL ] shamsher JUDGE CWP No.3388 of 1991 -4-