PULEN DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The two petitioners have instituted the writ petition to invoke the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India for assailment of a Notification bearing no. TMV.263/2015/84 dtd. 17/12/2018 issued by the Transport Department, Government of Assam under the hand of the Secretary to the Government of Assam, Transport Department.

(2.) In the Notification dtd. 17/12/2018, it is mentioned that a proposal had been submitted by the Assam State Transport Corporation [hereinafter referred to as 'the ASTC' or 'the respondent Corporation', at places, for easy reference] to grant approval to it under Sec. 19 of the Road Transport Corporations Act, 1950 to undertake the activity of operating Authorised Testing Stations in each of the districts of Assam with a copy of the Judgment and Order dtd. 27/9/2018 passed by this Court in the writ petition, W.P.[C] no. 1395/2018 [Nagaon Jila Bus Paribahan Santha and two others vs. The State of Assam and another]. It further mentions that upon careful perusal and examination of the proposal submitted by the ASTC; the Judgment and Order dtd. 27/9/2018 [supra]; the relevant provisions of Sec. 19 of the Road Transport Corporations Act, 1950; Sec. 56 of the Motor Vehicles Act, 1988; and Rule 63 of the Central Motor Vehicles Rules, 1989, it has been found that the ASTC has possessed the required qualifications and is fit to comply with all the requirements, as prescribed under the relevant provisions of the Motor Vehicles Act, 1988 and Rule 63 of the Central Motor Vehicles Rules, 1989 for setting up Authorised Testing Stations. Observing so, the State Government in exercise of the powers conferred by Sec. 19 of the Road Transport Corporations Act, 1950 has accorded approval to the ASTC to operate Authorized Testing Stations in each of the districts of Assam with the further direction to the ASTC to follow the procedure prescribed under Rule 63 of the Central Motor Vehicles Rules, 1989 and Sec. 56 of the Motor Vehicles Act, 1998. By the Notification dtd. 17/12/2018, the ASTC has been permitted to realize service charge @ Rs.300.00 in respect of Light Motor Vehicles [LMV] and @ Rs.500.00 in respect of Medium and Heavy Motor Vehicles [MMVs and HMVs] apart from the statutory fees prescribed by the Transport Department, Government of Assam, which should be deposited to the State Exchequer.

(3.) Before going further, it may be stated that the Road Transport Corporations Act, 1950 [Act no. 64 of 1950] has been enacted by the Parliament to provide for incorporation and regulation of Road Transport Corporations. As per the definition provided by Sec. 2[b] thereof, 'Corporation' means a Road Transport Corporation established under Sec. 3 of the Act. Sec. 3 contained in 'Chapter II : Road Transport Corporation' of the Road Transport Corporations Act, 1950 has provided for establishment of Road Transport Corporations in the States. Ss. 3 states that the State Government having regard to ' [a] the advantages offered to the public, trade and industry by the development of road transport; [b] the desirability of co-ordinating any form of road transport with any other form of transport; [c] the desirability of extending and improving the facilities for road transport in any area and of providing an efficient and economical system of road transport service therein, may, by notification in the Official Gazette, establish a Road Transport Corporation for the whole or any part of the States under such name as may be specified in the notification. It is not in dispute that the respondent ASTC is a Road Transport Corporation, established under Sec. 3 r/w Sec. 2[b] of the Road Transport Corporations Act, 1950. ["the RTC Act, 1950', for short] on 31/3/1970.