IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20439 of 2009(Y)
1. SAYYID MUHAMMAD HANEEF THANGAL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. STATE OF KERALA, REPRESENTED BY
4. REGIONAL TRANSPORT OFFICER,
5. THE DISTRICT SUPERINTENDENT OF
6. THE CIRCLE INSPECTOR OF POLICE,
7. THE SUB INSPECTOR OF POLICE,
8. THE SECRETARY, KASARGODE TALUK
For Petitioner :SRI.K.P.RAMACHANDRAN
For Respondent :SMT.R.PADMAKUMARI
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :17/08/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.20439 OF 2009
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Dated this the 17th day of August, 2010
JUDGMENT
“C.R.”
1.The petitioner represents a trust which runs a women’s college
by name Kaleel Salah English Medium Women’s College in
Pudiyavalappu, Galimukha in Mangalore District, Dakshina
Karnataka. It is an educational institution which is not
affiliated to any university. Petitioner complains that the
students of that institution are illegally deprived of the benefit
of the Government Order, G.O.(P).97/96/PW&T dated
13.8.1996, as amended by Ext.P7 Government Order, G.O.(P).
103/96/PW&T dated 13.9.1996 and are thus denied the benefit
of travel concession in stage carriages. The petitioner has
produced materials to show that students of that institution
were extended the benefit of travel concession which is now
denied. Learned counsel for the petitioner, in the presence of
the counsel for the Kannur University, has also shown to the
Court the mark lists issued to one of the students of the
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institution by the Kannur University which conducts Afsal
Uluma course in 10+2 scheme.
2.On the basis of the submissions made by the learned counsel
for the petitioner and the learned counsel appearing for the 8th
respondent Kasaragode Taluk Bus Owner’s Association, it can
be seen that the fundamental objection to the claim of the
students of the petitioner’s institution is that the benefit of the
notifications issued by the Government providing concession
would not extend beyond the territorial limits of the State of
Kerala and therefore, would not be available to students who
study outside that State. The educational institution,
admittedly, being in the State of Karnataka, its students are
not entitled to the benefit of the notification as amended as per
Ext.P7, contends the Bus Owners’ Association. Learned
counsel for the 8th respondent further says that Ext.P3, which
is produced to show that concessions were issued earlier, was
essentially the product of some misrepresentation.
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3.The second among the objections noted above needs to be
dealt with first. Of the two places shown in Ext.P3, one is in
Karnataka and the other in Kerala. Obviously there could not
have been any misrepresentation on that count. Since the said
document is issued by the Students’ Travel Facility Committee
of Kasaragod district, it would be far fetched to assume that
the members of that Committee could have been duped as
regards the identity of the destination of travel of the student
concerned. Not only that, any benefit in terms of the
amendment relied on is to be considered by the committee on
a case to case basis and the claim of each student for travel
concession has to be decided by looking into whether he/she is
studying in any institution as claimed and whether that
institution has registered his/her name in any of the
Universities in Kerala as a student for a particular course or
private study. It has also to be ascertained whether the total
distance to be travelled is within the limit of 40 kms. These
are questions of facts which the committee will have to look
into when claim for concession is made, though the identity of
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the educational institution and the course vis.a.vis. a particular
university may be a general issue of fact for decision by the
committee. Therefore, that issue would not really matter
much, if the committee decides on the request for travel
concession appropriately, in the light of what is stated in this
paragraph.
4.The crucial issue falling for decision is as to the scope of the
notification. The question would be as to whether the benefit
of that notification would be applicable for travel beyond the
geographical limits of the State of Kerala. The fact situation is
that the claim is made as if the students proceed from a point
within the State of Kerala to a point in the State of Karnataka.
5.The power to issue a notification regulating concession of fairs
is among those powers of the State Government under Section
67 of the Motor Vehicles Act, 1988, hereinafter, the ‘MV Act’,
for short. That provision empowers the State Government to
control road transport. To exercise that statutory power, it has
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to take into consideration, the different matters enumerated
in clauses (a) to (d) of Section 67(1) of the MV Act. Having
regard to that, a State Government may, from time to time,
issue directions to the State Transport Authority and Regional
Transport Authority. This has to be done by notification in the
Official Gazette. The matters in relation to which such
notification could be issued are enumerated in clauses (i), (ii)
and (iii) occurring in Section 67(1) which includes the fixation
of fairs and freights as also any other matter which may
appear to the State Government necessary or expedient to give
effect to any agreement entered into with the Central
Government or any other State Government or the
Government of any other country relating to the regulation of
motor transport generally, and in particular, to its co-
ordination with other means of transport and the conveying of
long distance goods traffic. The power of the State Transport
Authority and the attended authorities under the MV Act to
grant inter-state permit with concurrence is essentially
statutory power. The notification issued by the State
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Government under Section 67 is one issued in exercise of
statutory power and in so far as the State of Kerala is
concerned, such a notification issued by the Government of the
State of Kerala would be applicable to all acts which are done
by the Government of the State of Kerala and the State
Transport Authority and the Regional Transport Authorities in
the State of Kerala. It is not as if the State Government makes
a legislation with reference to its legislative competence in
terms of the Constitution. It is the State Government issuing a
statutory notification in exercise of a statutory power under a
central legislation. The intention of Section 67 empowering
the State Government to control road transport, including for
the purpose of giving effect to agreements entered into the
Central Government or any other State Government, shows the
width and amplitude of that power and the primary intent
behind it viz., that the purpose of the MV Act in relation to
ensuring facilities and means of transport is effectively and
efficiently effectuated. Therefore, while giving effect to its
inter-state obligations to provide inter-state permits, it would
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necessarily be within the power of a State Government, here,
the Government of Kerala, exercising authority under Section
67 and fixing tariff, to extend concession at least in cases
where it relates to students and applies to permits applied for
and granted from the statutory authorities in the State of
Kerala even if such permits could be only with the concurrence
of the corresponding authorities in any other State. The larger
interest sought to be addressed by providing travel fare
concession to students stands supported by a constellation of
constitutional provisions which lie in Parts III and IV of the
Constitution of India. Any other way of interpreting Ext.P7
and the primary notification that had been amended by it may
only run contrary to the constitutional goals sought to be
achieved by ensuring that education is provided to the younger
generation of the Nation by permitting them to move within
their means and with the reasonable support of the State to
reach places where education is provided to them. In the case
in hand, it could also be a situation where the matter relates to
women empowerment, the institution being a women’s college.
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For the aforesaid reasons, the benefit of the amended
notification Ext.P7, G.O.(P).103/96/PW&T dated 13.9.1996,
would stand extended to such students who would fall within
item (ii) of heading “G” in the primary notification viz. G.O.(P).
97/96/PW&T dated 13.8.1996 without reference to the fact
whether the educational institution where they undergo the
study is outside the territorial limits of the State of Kerala,
provided the stage carriages in relation to which concessions are
offered are those which are issued with permits by the transport
authorities in the State of Kerala. It is so declared. It is further
directed that the statutory authorities under the MV Act will
follow this declaration and give effect to it in terms of what is
stated above. The writ petition is allowed to the aforesaid
extent. No costs.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.26/08.