1985 (3) TMI 308 - SC - Indian Laws

Summary

Issues Involved:
1. Eligibility for All-India Tourist Permit
2. Completeness of Applications
3. Applicability of Orissa Tourist Vehicles Rules, 1967
4. Interpretation of Section 63(7) of the Motor Vehicles Act, 1939

Issue-Wise Detailed Analysis:

1. Eligibility for All-India Tourist Permit:
The High Court erred in holding that only the holder of an existing contract carriage permit was eligible to apply for an all-India tourist permit. The Supreme Court clarified that Section 63(7) of the Motor Vehicles Act, 1939, does not necessitate a pre-existing contract carriage permit for an all-India tourist permit. The Court emphasized that the concept of an all-India tourist permit was introduced to facilitate tourism and remove barriers to free movement across states. The provision allows the State Transport Authority to grant permits valid throughout India without requiring any prior endorsements.

2. Completeness of Applications:
The High Court also found fault with the applications submitted by the appellants, stating that some columns were left blank. The Supreme Court clarified that the forms prescribed in the advertisement issued by the State Transport Authority on June 24, 1974, included two forms: one for new applicants without an existing contract carriage permit and another for those seeking to convert an existing permit. The Court noted that the blanks in the applications were irrelevant for fresh applicants who did not have an existing permit to endorse.

3. Applicability of Orissa Tourist Vehicles Rules, 1967:
The High Court relied on sub-rules (2), (3), and (4) of Rule 3 of the Orissa Tourist Vehicles Rules, 1967, to conclude that a pre-existing contract carriage permit was necessary. The Supreme Court held that these rules were enacted before the introduction of the all-India tourist permit concept in 1970 and were not applicable. The rules catered to a situation where the area of operation of a permit could be enlarged by endorsements, a concept rendered obsolete by the introduction of Section 63(7).

4. Interpretation of Section 63(7) of the Motor Vehicles Act, 1939:
The Supreme Court emphasized that Section 63(7) allows the State Transport Authority to grant an all-India tourist permit without requiring endorsements from other authorities. The provision was introduced to promote tourism by enabling vehicles to operate across states without needing separate permits or endorsements. The Court rejected the High Court's interpretation that an all-India tourist permit could only be granted by endorsing an existing contract carriage permit.

Conclusion:
The Supreme Court quashed the High Court's judgment and restored the decision of the State Transport Authority granting all-India tourist permits to the appellants. The Court clarified that applicants for an all-India tourist permit do not need a pre-existing contract carriage permit, and the applications were complete and valid. The Orissa Tourist Vehicles Rules, 1967, were deemed inapplicable to the all-India tourist permit applications. The appeals were allowed, and the appellants were directed to apply for renewal if their original permits had expired.