G BALAKRISHNA PILLAI Vs. JOINT REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) Appellant filed O.P. 1342 of 1995 challenging interalia amendment to R.290 of the Kerala Motor Vehicles Rules, 1989. The amendment came into existence on 25-10-1993, the date on which the amended rule was published in the Gazette. By the amendment sub-rule (2) was added stipulating that every educational institution bus shall be painted with "Cream-Yellow Colour". Challenge is on the ground that it is an unreasonable restriction and that the amendment has no nexus with the object sought to be achieved.

(2.) Contention of the appellant is that no other private service vehicle or public transport vehicle is subjected to such an unreasonable condition regarding painting of the body with a particular colour, that the buses belonging to I.S.R.O., Trivandrum, KELTRON, Trivandrum, F.A.C.T., Udyogamandal and Cochin Refineries Ltd., Amabalamugal are used without any restriction as to the colour of the paint used and therefore singling out the vehicles belonging to educational institutions is discriminatory and hence violative of Art.14 of the Constitution of India.

(3.) S.96 of the Motor Vehicles Act, 1988 empowers the State Government to make rules for the purpose of Chapter V. Chapter V contains various provisions for the control of transport vehicles. S.96(2) enumerates different heads with respect to which rules can be made. S.96(2) (xviii) enables the State Government to regulate the painting or marking of transport vehicles and the display of advertising matters thereon and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails. The indubitable position is that the State Government can enact rules regulating the painting of vehicles. As R.290(2) was framed in exercise of the powers under S.96(2) (xviii) of the Act, contention of the appellant that State Government lacked power to make regulations regarding painting of vehicles is untenable.