ISHAR Vs. STATE

JUDGEMENT

(1.) This writ petition and the writ petitions mentioned in the schedule appended to this order involve common questions of law as such they are disposed of by this common order.

(2.) For the convenient disposal of all these writ petitions, the facts of Ishar v. State of Rajasthan and others (D. B. Civil Writ Petition No. 1919 of 1990) are taken into consideration : The petitioner holds a national permit for public carrier granted by the respondents. The petitioner was granted authorisation on the national permit under the Motor Vehicles (National Permit) Rules 1975 (referred to hereinafter as ' the Rules of 1975'). By this authorisation the petitioner is entitled to operate as a public carrier throughout the territory of India or in such contiguous States as authorised in the permit. The period of validity of the authorisation shall not exceed one year at a time. The permit holder can operate for minimum four States including the home State. But the Rules of 1975 were superseded and the new rules came to be incorporated known as the Central Motor Vehicles Rules, 1989 (hereinafter referred to as 'the Rules of 1989'). According to the provisions of these rules, the age of the vehicle is prescribed as 9 years.

(3.) The principal submission of the learned counsel for the petitioners is that R. 88, which prescribes the life span of a vehicle, is ultra vires of Art.14 of the Constitution of India as well as the provisions of the Motor Vehicles Act, 1988 (hereinafter called 'the Act of 1988').