FATHIMA ABDULKHADAR Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) Since common issues arise in these cases, both the Writ Petitions (Civil) are disposed of on the basis of this common judgment. WP(C). No. 1190 of 2020 is taken as the lead case for the purpose of convenience.

(2.) Both sides have been heard in extenso in respect of both these cases on 6.1.2020. A statement dated 6.2.2020 was also then filed on behalf of the 1st respondent in WP(C).No.1190/2020, on the basis of which submissions were made by both sides. Though certain submissions were made on behalf of the respondents on the basis of the letter said to have been issued by the Union Government, referred to in the said statement, the copy of the said letter was not made available for the perusal of this Court, nor for the opposite side. On querying those details, the respondents then sought a short time to make available copy of the said letter. The copy of the letter has been made available for the perusal of this Court today. The said letter is stated to be bearing No.RT- 11036/82/2017-MVL dated 1.5.2019 issued by the Government of India in the Ministry of Road Transport and Highways, which is seen addressed to Principal Secretaries/Secretaries of the Department of Transport as well as Transport Commissioners of the various State Governments and various Governments of the Union Territory Administrations concerned.

(3.) The matter in issue raised in these writ proceedings is covered by the judgment dated 30.1.2o2o in WP(C).No.2399/2020 rendered by this Court in a similar case. The only difference is that, in the said case no such contentions as the one now sought to be advanced by the respondents on the basis of the abovesaid Union Government's letter dated 1.5.2019 has been advanced or attempted to be advanced at that point of time. The said arguments based on the said letter dated 1.5.2019 from the Government of India, Ministry of Road Transport and Highways, have been made in these cases.