MUHAMMED MUNEER Vs. THE REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner, who purchased a LMV Contract Carriage (Educational Institution Bus) bearing Registration No.KL-17-E-7353 covered by Ext.P1 certificate of registration from the Headmaster, Arur U.P.School, Arur and applied for transfer of permit vide Ext.P2 application, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider Ext.P2 transfer application and also the request made by by him to change the class of the said vehicle, which is a 2007 model vehicle with seating capacity of 24 in all, with date of registration 04.10.2007, as 'stage carriage' from 'Educational Institution Bus', taking note of the judgment in W.P.(C).No.2161 of 2018.

(2.) Heard the learned counsel for the petitioner and also the learned Special Government Pleader appearing for the respondent.

(3.) The issue raised in this writ petition is as to the applicability of Bus Body Code prescribed under Rule 125C of the Central Motor Vehicle Rules, 1989 (for brevity 'CMV Rules'), while seeking alteration of class of vehicle. The fact that the vehicle in question was originally registered as 'Educational Institution Bus' prior to the introduction of Rule 125C of the CMV Rules is not in dispute.