M/S Gurmit Singh Sardara Singh And Ali ... vs State Of Punjab And Ors on 20 December, 2016

(vii) the State Government's plea that Mini Buses are also Stage Carriage Permits of smaller sizes was self-contradictory, for there was already a Scheme regarding Stage Carriage Permits 6 of 16 and there was thus no reason to have a second Scheme for the same purpose.

(10) This Court in para 136(xi), thus, finally quashed the Punjab Mini Bus Service Scheme, 2010 and the Mini Bus permits issued or renewed, were declared illegal, null and void. (11) Various SLPs were filed in Hon'ble Supreme Court against the judgment of this Court dated December 20, 2012, including the one by Mini Bus Operators Association and some by the individual Mini Bus operators. The other SLPs were dismissed but so far as the SLPs preferred by the Mini Bus operators or their Association are concerned, Hon'ble Supreme Court disposed of the same vide order dated 02.08.2016 [in SLP(C) Nos.17238- 17251/2013 and SLP(C) No.17252/2013] in the following terms (relevant extracts only):-





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(17)         It was argued that the directions contained in the notifications

dated 18.06.1980 remained valid till the 1939 Act was repealed and 1988 Act came into force w.e.f. 01.07.1989. Thereafter, State of Punjab notified for the first time the Scheme dated 09.08.1990 under Section 99 of the 1988 Act and its Clause-8(ii) expressly recited that "the operation of Mini Bus services shall be undertaken in accordance with the Scheme notified vide Government of Punjab, Department of Transport, Notification No.S.O. 37/C.A. 4/39/S, 43-A/80, dated the 18th June, 1980". The successive Schemes, modifying the original one have also protected the Mini Bus operators. It was thus contended that the Mini Bus operations are not creation of any such Scheme which have been partially or fully struck down by this Court or the Hon'ble Supreme Court in the cited decisions, on the basis of which this Court has held that the permits granted or renewed in the past under those Schemes are illegal, null and void. (18) The review applicants clarified that since their permits have not originated under the Mini Bus Service Scheme, 2010 and as such the decision of this Court, to the extent it strikes down the said Scheme, does not affect them but the declaration that all the Mini Bus permits issued or renewed in the past are illegal, null and void, has severely prejudiced them. They maintained that neither the vires of Section 43-A of the 1939 Act nor the notification dated 18.06.1980 issued thereunder were under challenge. (19) Having given our thoughtful consideration to the rival submissions, we do not find any merit in these review applications or the writ petition for the reasons briefly stated hereinafter. (20) The review applicants are primarily harping upon Section 43-A of 1939 Act, inserted by the State of Punjab in the year 1978. The said 11 of 16 RA-CW-263-2016 - 12 -


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(23)        Assuming that the directions dated 18.06.1980 emanated out of

a valid source of power, yet it is undeniable that the 1939 Act stood repealed w.e.f. 01.07.1989. There was no Scheme in force formulated under Chapter IV-A of 1939 Act to grant or renew any Mini Bus permits. The first Scheme in the State of Punjab was formulated only on 09.08.1990 under Section 99 of the New Act. There existed no legitimate source of power to grant any permit from 01.07.1989 till the first Scheme was notified on 09.08.1990. The permits granted to Mini Bus operators under the notification dated 18.06.1980 indisputably lost their lives and became non-existent on 01.07.1989 and hitherto such permits could not operate on any route or area. (24) State of Punjab attempted to revive and revalidate the permits of Mini Bus operators through Clause 8(ii) of the Scheme dated 09.08.1990 which declared that "the operation of Mini Bus services shall be undertaken in accordance with the Scheme notified vide Government of Punjab, Department of Transport, Notification No.S.O. 37/C.A. 4/39/S, 43-A/80, dated the 18th June, 1980".

(29) There has thus never been a valid and enforceable Scheme since the new Act came into force on 01.07.1989, under which permits could be granted or renewed in favour of Mini Bus operators. (30) The last ditch effort made by the State of Punjab in favour of Mini Bus operators was the Punjab Mini Bus Service Scheme, 2010 which too has been struck down by this Court vide order under review for the reasons recorded in para 121 to 123 of the order. (31) Seen in this backdrop, there can be no exception to the conclusion drawn in para 136(xi) of the order under review dated 20.12.2012 that not only the 2010 Scheme was rightly quashed, it being totally illegal, but the repeated efforts made by the State of Punjab to renew the Mini Bus permits, which are born illegitimate, have also been rightly declared illegal, null and void.

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