1. ' MUHAMMAD HALEEM, C.J.-- Leave was granted to consider whether the language of section 49 of the Motor Vehicles Ordinance, 1965, left any discretion with the Regional Transport Authority, Quetta, to refuse route permits if otherwise the requirements of the section are fulfilled.
2. ' The appellant herein applied to the Regional Transport Authority, Quetta, on 12th of March, 1985, for the issuance of stage carriage permits for plying Mini buses on Muslimbagh-Quetta route. The application was forwarded by the Regional Transport Authority, Quetta to the Political Agent for inquiry and report who after his necessary inquiry recommended for the issuance of the permits for plying two Mini buses on 25th of April, 1985.
3. ' The appellant in compliance with the conditions laid down for the issuance of such permits purchased two Mini buses. The Regional Transport Authority, however, did not issue the permits; and on 12th of January, 1986, one Abdul Wakil, another transporter, objected to the issuance of the permits in writing to the Regional Transport Authority on the ground that his business would be affected and further that if the appellant is allowed to ply the Mini buses it would create tension as there is already blood-feud between them.
4. ' The residents of Muslimbagh on 15th of January, 1986, also represented otherwise to the Regional Transport Authority and pleaded for the issuance of the permits on account of scarcity of buses on the route. The Regional Transport Authority again referred the matter on 29th January, 1986, to the Political Agent who in his letter dated 15th of March, 1986, stated that there were already too many buses plying on the route, and, therefore, there was no need to issue any further stage carriage permits. Despite this categorical report against the issuance of permits, he further averred that if the appellant was agreeable to ply the Mini buses from Quetta in the morning and to return from Muslimbagh in the evening, he would have no objection. Having said so he again stated that he was not agreeable to the grant of permits if the appellant were to ply his Mini buses from Muslimbagh to Quetta in the morning.
5. ' The Regional Transport Authority by its order dated 27th of May, 1986, refused to grant the stage carriage permits to the appellant. The reason given in the order is that as there is a dispute (Qaumi Tanaza) between the appellant and the other transporters, it was, accordingly, not possible to grant such permits for this route.
6. ' The appellant on coming to know of the refusal preferred an appeal on or about 27th of May, 1986 to the Chairman, Regional Transport Authority who dismissed it on 1st of December, 1986. The appellant thereupon filed a constitution petition to challenge the orders but did not succeed as it was dismissed.
7. ' It is interesting to reproduce the observations of the High Court while giving discretion to the Regional Transport Authority either to grant or refuse the permits in the light of section 49 of the Motor Vehicles Ordinance as under: "The learned counsel then submitted that if all the conditions have been complied with and all necessary documents have been filed the R.T.A. Is bound under section 49 of the Ordinance to grant route permit. This contention is misconceived. Section 49 does not provide that in each and every case when the conditions are fulfilled the route permit must be granted to an applicant.
8. Under section 17 of the Motor Vehicles Act, 1939 the R.T.A. Has to consider certain facts in deciding to grant or refuse a stage carriage permit. Such facts require the interest of public generally; the advantages to the public of the service to be provided; the adequacy of existing road passenger transport services between the places to be served; the fares charged by those services and the effect upon those services of the service proposed; the benefit to any particular locality; the operation by the applicant of other transport services; and the condition of the roads. But this provision is omitted from the Ordinance. However the official respondent in granting or refusing a permit has to consider the interest of public generally. The R.T.A. Has to apply its own independent mind to facts and circumstances of each case and in reaching such conclusion the interest, convenience and benefit of the public must be looked into."
9. ' And further: "The official respondents have decided the matter keeping in view the facts and circumstances of the case, which lay within exclusive domain of their authority, as such we do not see any ground for grant of relief."
10. From the observations, it will appear that the High Court took note of the language of the unamended section 49 which granted discretion to the Regional Transport Authority on the guidelines existing therein. But as the amended section 49 did. Not contain these guidelines, the High Court nonetheless read one of such guidelines in the unamended section 49 namely "the interest of the public generally" as the consideration for refusing to grant permit in the amended section 49 of the Motor Vehicles Ordinance, 1965. This interpretation, in our view, is wholly untenable as no discretion is left with the Regional Transport Authority under the amended section 49 provided the conditions required in section 48 and those in this section are fulfilled.
11. ' In refusing to issue stage carriage permits, the Regional Transport Authority exercised public power in regard to a matter which was not relatable to the provisions of section 49. The High Court also fell into an error in reading in the amended section 49 a condition provided for in the unamended section. The High Court, accordingly, should not have sustained the order, based as it was, on the ground of "Qaumi Tanaza" between the appellant and the other transporters which was wholly outside the ambit and scope of section 49 of the Motor Vehicles Ordinance, 1965.
12. Accordingly, we would set aside the impugned orders of the Regional Transport Authority and the High Court and direct the Regional Transport Authority to dispose of the application in accordance