( 1 ) THE petitioner who is a stage carriage operator has challenged in this writ petition the validity of Rule 216 (2) of the Mysore Motor Vehicles rules, 1963, hereinafter called the "rules" on two grounds: (1) that it is ultra-vires of S. 70 of the Motor Vehicles Act, 1939, hereinafter called the "act"; and' (2) that it violates the fundamental rights guaranteed under Art. 19 (1) (g) of the Constitution of India and therefore void. Rule 216 as it stood prior to its substitution by Notification No. GSR 360 dated 7th October, 1969 (HD 42 TMR 68) had provided only for limiting the maximum seating accommodation of public service vehicles otner than motor cabs. Rule 216 as substituted by the said Notification reads as follows: "216, LIMIT Or SEATING CAPACITY:- " (1) Subject to the provisions cf Rule 214 regarding seating accommodation, the number of passengers excluding the driver and conductor that a Public Service Vehicle other than a Moter Cab, may be permitted to carry, shall not exceed the number determined by dividing by 59 Kilograms the difference in Kilograms between the registered laden weight less 109 Kilograms and the undaden weight of the vehicle. (2) The