Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Power of Officer hearing objection Motor Vehicles Act Objection to Scheme Permit made ineffective for over lapping route |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles—Objection to Scheme—Power of Officer hearing objection—Permit made ineffective for over lapping route—If discriminatory—Motor Vehicles Act, 1939 (4 of 1939), Ss. 68C, 68D, 68G—Constitution of India, Art. 14,The Rajasthan State Roadways, which is a State Transport Undertaking, published five schemes under s. 68C of the Motor Vehicles Act, The State Government appointed the Legal Remembrancer to hear objections filed, amongst others, by the appellants who were plying their buses on three of those- five routes, The schemes relating to those three routes’ were approved with slight modifications, The objectors in respect of the other two schemes, unlike the appellants, wanted the schemes to be entitely rejected and to adduce evidence. The Legal Remembrancer relying on a decision of the High Court held that he had no power to reject a scheme in its entirely or to take evidence. One of the objectors filed a writ petition in the High Court but it was rejected. He came up in appeal to this Court. This Court overruled the decision of the Rajasthan High Court in Chandra Bhan v. State of Rajasthan and held that it was open to the Legal Remembrancer to reject the draft scheme and to take evidence if necessary (vide Malik Ram v. State of Rajasthan, [1962] 1 S.C.R. 978). The result was that a large number of writ petitions were filed in the High Court and that court dismissed those relating to the three routes, with which the present appeals were concerned, on the ground that the appellants had neither wanted a total rejection of the schemes nor to adduce evidence and had, therefore, no concern with the decision in Chandra Bhan’s case. It was not the case of appellants in the High Court, that they had wanted to adduce any evidence that had been shut out by legal Remembrancer nor did they indicate-in this Court what evidence they wanted to produce in support of the objections raised by them. Held, that the appellants could not be allowed to take advantage of the decision of this-Court in Malik Ram's case.It was clear that their objections could be and were offectively dealt with by the Legal Remembrancer without going into evidence and the order passed by-him approving the schemes under s. 68D of the. Motor Vehicles Act was not'in any way vitiated by his- wrong approach with regard to the other objections.It was permissible under s. 68C of the Act to frame a scheme in partial exclusion of private operators and making the permit ineffective for the overlapping part of the route was no, more than partial exclusion and was, therefore, justified under s. 68G of the Act. Although a permit holder whose-permit was-thus made ineffective could not claim compensation under s. 68G, whereas once, whose permit was cancelled for the overlapping part, could, there could be no discrimination within the meaning of Art. 14 of the Constitution unless it could be shown that the advantage to the-former by being allowed toe pick up passengers on the overlapping part of the route for destination beyond, was unequal to the compensation which he would have got by having his permit.cancelled for the overlapping part Discrimination under Art. 14 is conscious discrimination and not accidental discrimination that arises from oversight which the State is ready to rectify. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1962 INSC 147 |
Petitioner | Ramnath Verma |
Respondent | State Of Rajasthan |
SCR | [1963] 2 S.C.R. 152 |
Judgement Date | 1962-04-17 |
Case Number | 142 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |