Case: A. Vishwanath Rao Vs. State of Mysore &amp; Others

2. The appellants are transport operators plying a stage carriage on the route Yadgir to Narayanapet on the strength of permits issued by the Regional Transport Authority Gulbarga. The route Yadgir to Narayanapet is an inter-State route of a distance of 28 miles out of which a portion of 5 miles is situated in the State of Andhra Pradesh and the rest is in the State of Mysore. A draft scheme was prepared by the second respondent, Mysore State Road Transport Corporation under Section 68-C of the Motor Vehicles Act, proposing to take over the Stage Carriage Services on the inter-State route Yadgir to Narayanapet to the complete exclusion of other operators. The draft scheme was published in the Gazette on June 21, 1962. The appellants and some others filed their objections against the proposed scheme. The objections were heard by the Chief Minister of the State of Mysore under Section 68-D of the Motor Vehicles Act and the draft scheme was approved with certain modifications by his order dated March 7, 1964. The approval of the Central Government was later on accorded under the proviso to sub-section (3) of Section 68-D of the Motor Vehicles Act. The approved scheme made two modifications to the draft scheme. The first was that it specified the minimum number of vehicles and daily services. The second modification was that it restricted the exclusion of other operators only to that part of the route which was in the State of Mysore. The approved scheme was published by the Government of Mysore in its Gazette dated July, 16, 1964. The appellant moved the High Court of Mysore for grant of a writ under Article 226 of the Constitution to quash the notification of the Mysore Government dated July 16, 1964 approving the final scheme. The main ground of challenge was that the approved scheme violated the provisions of Section 20 ofthe Road Transport Corporations Act, 1950 (Act 64 of 1950). It was also contended that there was an infringement of the requirements of Section 68-C and Section 68-E ofthe Motor Vehicles Act, 1939 (Act 4 of 1939) as modified by Act 100 of 1956, but the writ applications were dismissed by the High Court by its judgment dated October 27, 1967

Reasoning: 4. On behalf of the appellants it was contended, in the first place, that the provisions of Section 20 ofthe Road Transport Corporations Act, 1950 were not complied with and the final scheme published by respondent No 1 was ultra vires.We are unable to accept this argument as correct. It is not necessary to examine, in this case, whether there is any inconsistency between the provisions of Section 20 ofthe Road Transport Corporations Act, 1950 and the proviso to Section 68-D of the Motor Vehicles Act. It is also not necessary to express any opinion as to whether the requirements of Section 20 of the Road Transport Corporations Act should be complied with even in the case of a scheme relating to inter-State route to which the Central Government has accorded approval, under the proviso to Section 68-D of the Motor Vehicles Act. We shall assume in favour of the appellants that the requirements of Section 20 of the Road Transport Corporations Act should also be followed in a case where the Central Government has given sanction under Section 68-D of the Motor Vehicles Act. Even upon that assumption we hold that there has been sufficient compliance with the requirements of Section 20 of the Road Transport Corporations Act in the present case. It is not disputed that the concurrence of the State of Andhra Pradesh was secured for the final scheme and the Government of the State of Mysore had also accorded its approval to it. In these circumstances the omission of respondent No. 1 to make the scheme in the precise manner in which Section 20 of the Road Transport Corporations Act directs the preparation of the scheme is a mere irregularity which cannot lead to the nullification of the final scheme publisher on July 16, 19646. Lastly, it was contended that the approved scheme violated Article 14 of the Constitution as there was a complete exclusion of the private operators on the portion of the route located in the Mysore State while permitting those who are plying their vehicles on the portion of the route lying in Andhra Pradesh State. We do not consider there is any substance in this argument. It is manifest that operators plying in the State of Mysore and those plying in the State of Andhra Pradesh constitute two different classes of persons and therefore no question of discrimination can arise if there is complete exclusion of the operators within the State of Mysore and if there is relaxation with regard to those operating in the State of Andhra Pradesh.