Motor Vehicles Act,1988  - Section 102

Modification of Scheme - Principles of Natural Justice - Speaking Order - Held that modification of the scheme is a quasi-judicial function - While modifying or cancelling a scheme, the State Government is duty-bound to consider the objections and to give reasons either to accept or reject them - The rule of reason is anti-thesis to arbitrariness in action and is a necessary concomitant of the principles of natural justice - There is no consideration of the objections except mentioning the arguments of the rival parties - Objections both factual and legal have not been considered much less reasons assigned to overrule them - Even in brief, reasons have not been assigned indicating how objections are disposed of - Modification of the Schemes could not be said to be in accordance with the principles of natural justice in the absence of reasons so as to reach the conclusion that private operators are meeting the genuine demands of the public in excess of the service provided by the STOs., hence, it cannot be said to be sustainable -The appeals being bereft of merits liable to be dismissed - State Government to hear the objections, consider and decide the same in accordance with law by a reasoned order within 3 months - In the intervening period, the arrangement as directed by the High Court in the impugned order to continue.

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