Route permit: High Court directs to publish vacancies on RTA website

The Calcutta High Court recently directed that all vacancies in any permit on any route would be indicated and published on the website of the concerned Regional Transport Authority (RTA) in the state.

“It is expected that the state puts in place a comprehensive and transparent process of allocation of route permits for auto-rickshaws in future in the state,” the Division Bench observed. It was further directed that the principal secretary of the Transport department will communicate a copy of the order to all RTAs in the state.

The petitioners had challenged the judgement and order dated August 1, 2022 passed by a Single Bench. “By the impugned judgement, the writ petition was dismissed, inter alia, on the ground that the respondents acted in accordance with law,” it was stated. Seven petitioners in December 2018 had applied for permits to ply auto-rickshaws on route number AR3 i.e. Howrah to Don Bosco School, Liluah. They submitted that their applications were rejected and subsequent notification of vacancies published under Section 80 of the Motor Vehicles Act was not enough to come to their notice. The petitioners claimed that they were wrongfully deprived of auto rickshaw permits and certain persons favourable to the government were granted permits. The matter was heard by the Division Bench of Justice Rajasekhar Mantha and Justice Supratim Bhattacharya.

The Additional Government Pleader (AGP), appearing for the State submitted after accommodating all existing permit holders, a few vacancies remained in various routes and particularly route AR–3. The petitioners’ applications thereafter came to be considered. While considering the petitioners’ applications in terms of order of this Court, the RTA had received many more applications for the same route. The petitioners’ cases were considered along with the others who had already applied but there were no vacancies left to accommodate the petitioners any further.

“In the backdrop of the above, the arguments of any lacuna in the selection process adopted by the RTA for holding a permit in route AR–3 becomes rather academic. There may be some substance into individual grievances raised by the petitioners. If the same are entertained, they would not upset a number of awarded permits on a particular route, but could also deprive existing permit holders of rights.

For, inter alia, the reasons stated hereinabove, this Court is not inclined to interfere with the impugned judgement and order dated 01.08.2022 rendered by the Single Bench,” the Division Bench observed.