M BHASKARA MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition challenges the validity of Rule 251 of the Kerala Motor Vehicles rules, 1961. Counsel for the petitioner while making his submissions; however, confined the attack to a portion of the rule. That portion reads as follows :

(2.) UNDER section 43 (1) (d) (i) of the Motor vehicles Act. 1989. the State government is empowered, by notification in the official Gazette to issue directions to the State Transport Authority regarding the fixing of fares and freights for stage carriages, contract carriages and public carriers The current directions issued in pursuance of that power we are assured, are embodied in S R O No 565/63 dated, 13th June 1963 and published in the Kerala Gazette dated 18th June 1963 The directions are silent as regards the concession embodied in rule 251

(3.) WHAT the impugned portion of rule 251 does is to provide that the operators of stage carriages shall he entitled to collect from a student of any recognised educational institution travelling in stage carriages for the purpose of attending the classes or returning therefrom only one-half ol the tare otherwise payable under the directions dated. 13th June 1968 The only section of the Motor Vehicles Act 1939, on which the learned Government Pleader relied For the power to frame the portion of rule 251 impugned before us was section 68 (2) (za) of the Act