A.N.VENUGOPALA GOWDA
T. J. Damodara – Appellant
Versus
State of Karnataka – Respondent
A.N. Venugopala Gowda, J.—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. The material facts are that the Parliament enacted the Motor Vehicles Act, 1988 (Central Act 59 of 1988) (for short, 'the Act'). Section 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 Section 96(2) read with Section 212 of the Act made the Rules under a Notification No. SARIE 01 SAEPA 2011, dated 18-1-2013 (Annexure-D). The Rules have come into force on 1-5-2013. '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 Section 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 Section 74 of the Act, permitting the use of the
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