CENTRE FOR CONSUMER EDUCATION Vs. SECRETARY, TRANSPORT DEPARTMENT

JUDGEMENT

(1.) This writ petition is filed by Centre for Consumer Education, Pala and their surviving grievance in the writ petition is that the KSRTC is not complying with the proviso to Rule 267 of the Kerala Motor Vehicles Rules, 1989.

(2.) We heard the counsel for the petitioner, the learned Government Pleader and the Standing Counsel appearing for the KSRTC.

(3.) Rule 267 deals with the specification for passenger capacity. Sub Rule (2) provides that the State or Regional Transport Authority may, in respect of any public service vehicle other than a motor cab, fix number of standing passengers the vehicle may be permitted to carry or the permit holder may be required to carry in the vehicle. The second proviso to Rule 267 provides that no standing passenger shall be allowed in luxury services, super deluxe services, super express services or super fast services. It is the admitted case that the aforesaid varieties of permits are reserved fully in favour of the KSRTC. The KSRTC also does not have a case that the Rule permits them to have standing passengers in luxury services, super deluxe services or super fast services.