1. Constitutional validity of Sub Rule (2) of Rule 6 of Karnataka Motor Vehicles (Conditions for Vehicles Engaged in Transport of School Children) Rules, 2012 (for short, ‘the Rules’) has been questioned in this writ petition.

2. The material facts are that the Parliament enacted the Motor Vehicles Act, 1988 (Central Act 59 of 1988) (for short, ‘the Act’). S.96 of the Act empowers the State Governments to make Rules for the purpose of Chapter-V. Government of Karnataka in exercise of the power conferred by clause (xxxiii) of S.96(2) read with S.212 of the Act made the Rules under a Notification No.SARIE 01 SAEPA 2011, dated 18.01.2013 (Annexure-D). The Rules have come into force on 01.05.2013. ‘School Cab’ as per Rule 2 (1)(c), means, a contract carriage with seating capacity not exceeding 12+1 complying with the requirements with valid permit issued under S.74 of the Act. The Rules stipulate that no Owner or Operator of a Motor Vehicle shall permit the use of the vehicle as a Transport Vehicle for carriage of School Children unless he carries a valid contract carriage permit issued under S.74 of the Act, permitting the use of the vehicle for the said purpose. Rule 6 is wi