5. The judgment of Calcutta High Court considered
Rule 88A of the Rules inserted in the West Bengal Motor
Vehicle (Amentment) Rules, 2005 wherein, the State
Government could direct the State Transport Authority or the
Regional Transport Authority to impose such special condition
on issue of permit for transport vehicle restricting the plying of
transport vehicles beyond particular age. Whereas, in the
present case, the restriction is for grant of stage carriage permit
the fixation of conditions of which has been reserved for the
State Government in terms of Section 72 and 96 of the Act.
Therefore the Judgment in Bengal Bus Syndicate (supra) is of
no help to the argument raised.