VidhiSangh

Supreme Court of India · 17/02/2022

REGIONAL TRANSPORT AUTHORITY & ANR. versus SHAJU ETC

[2022] 9 S.C.R. 785 · 2022 INSC 196

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Summary

The Kerala High Court held inoperative a rule permitting rejection of a proposed replacement vehicle because it was older than the vehicle on the existing transport permit. The Court reversed that ruling. The rule regulated continuity of permit conditions, rather than prescribing a general vehicle age limit or fitness standard reserved to the Centre. Section 83 required contextual consideration of a vehicle of the same nature. Rejection was discretionary, not automatic, and had to be fair, reasonable and reviewable.

Issues

  1. Whether the State replacement rule encroached on Central powers over vehicle fitness and age.
  2. Whether the older-vehicle criterion exceeded Section 83.
  3. Whether an older replacement had to be automatically rejected.
  4. Whether the Court had to decide the permissibility of an unpleaded challenge to the rule.

Provisions considered

Held

Result

Appeals allowed; High Court judgments set aside. Rule 174(2)(c) upheld, with replacement decisions subject to fair and reasonable exercise of discretion.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 785.