IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15621 of 2008 GANESH KUMAR Versus THE STATE OF BIHAR & ORS WITH CWJC No.2536 of 2009 VIJAY KUMAR Versus THE STATE OF BIHAR &ORS ----------- 3 18.04.2009 In my view both the writ petitions must succeed. The challenge is to the policy decision taken by the South Bihar, Regional Transport Authority. The petitioner is aggrieved by the policy decision of the Regional Transport Authority, South Bihar by which it has been decided that in respect of all permits granted in respect of vehicles which have crossed the age of 15. the vehicles must be replaced by newer vehicles other wise the permits would be cancelled. Effectively, the policy decision is that no vehicle would be allowed to be operated on a permit if it is more than 15 years old. The further fall out is that without a permit a vehicle which is more than 15 years old becomes a useless piece of property. It is submitted that this is indirectly specifying the age of vehicle, which power, what to talk of the Regional Transport Authority, neither the State Transport Authority nor even the State Government has got. This power is exclusively vested in the Central Government and the Central Government has chosen not to exercise such power. In my view the facts of this case is squarely covered by a decision of this court in the case of Rajesh Kumar & Ors. Vs. The State of Bihar & Ors. being CWJC No 7000/2008 which was decided - 2 - on 25.11.2008. I find no reason to take a different view of the matter in view of the judgment in the aforesaid writ petition and allow the decision and the direction of the South Bihar, Regional Transport Authority for replacement of buses under the existing permits on the ground of being more than 15 years old to sustain and is quashed accordingly. It is another matter if those vehicles do not get valid certificate of fitness having failed in maintaining pollution standards then independent of age of vehicle, permits can be cancelled or vehicle replacement demanded. With these observations and directions, the two writ petitions are allowed. Kundan (Navaniti Prasad Singh, J.)