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Issues:
1. Interpretation of Government Orders under Section 43-A of the Motor Vehicles Act. 2. Application of Section 47 of the Motor Vehicles Act in granting stage carriage permits. 3. Judicial independence of tribunals in decision-making. 4. Consideration of small operators over fleet owners in the grant of permits. 5. Impact of amendments to the Motor Vehicles Act on permit eligibility. Analysis: The judgment in question involves an appeal from a Writ Petition regarding the grant of a stage carriage permit on a specific route. The Regional Transport Authority initially awarded the permit to the appellant based on considerations of promoting small operators over fleet owners. However, the respondents challenged this decision, leading to a series of legal proceedings. The High Court ultimately set aside the grant, emphasizing the need for the Tribunal to independently assess matters under Section 47 of the Motor Vehicles Act without being unduly influenced by Government Orders issued under Section 43-A. The key issue addressed by the Supreme Court was the extent to which the Tribunal's decision was influenced by the Government Order as opposed to Section 47 considerations. The appellant argued that the Tribunal had valid reasons for favoring small operators over fleet owners, which aligned with the public interest under Section 47. However, the Court noted that reliance on Government Orders tended to exclude relevant factors not covered by such directives, thereby limiting the Tribunal's independent judgment. Furthermore, the Court highlighted the importance of judicial independence in quasi-judicial functions, emphasizing that tribunals must be free from external influence, including executive directives. The judgment underscored that decisions should be based on a fair and objective assessment of statutory criteria, rather than being unduly swayed by administrative instructions. Additionally, the impact of subsequent amendments to the Motor Vehicles Act on permit eligibility was discussed. The Court dismissed the appeal, affirming the High Court's decision to remand the case to the Tribunal for a re-hearing without the constraints of the Government Order. The judgment concluded by allowing the parties to continue operating under existing permits until the Tribunal's final decision, without awarding costs to either party. In summary, the Supreme Court's judgment emphasized the need for tribunals to exercise independent judgment in granting permits, free from external influences such as Government Orders. It underscored the importance of considering all relevant factors under Section 47 of the Motor Vehicles Act to promote fair competition and public interest in the transportation sector.
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