The main legal point established in the judgment is that the holders of the letter of authority are required to obtain counter-signature on fitness certificates before granting road permits.

M.Y.Eqbal, J.

1. In this writ application, the petitioner who is a licence-holder of an authorized Testing Station, seeks issuance of an appropriate writ directing the respondents particularly respondent No. 4, the Regional Transport Authority, to issue road permit on the basis of the fitness certificate issued by the petitioner which certificates do not bear the counter signature of the Joint Transport Commissioner. Bihar.

2. The undisputed facts are that the petitioner was granted a licence of an authorized Testing Station under the provisions of Sec. 56 of the Motor Vehicles Act, 1988, The petitioner, after inspecting of the vehicles, issued fitness certificates to the owners of the vehicles. The owners of those vehicles accordingly, moved the Transport Authority for grant of road permits but the same was refused on the ground that the fitness certificates so issued by the petitioners Testing Station is not countersigned by the Joint Transport Commissioner.

3. Mr. S.L. Agrawal, learned Counsel for the petitioner firstly submitted that neither under Sec. 56 or any other provisions of the Motor Vehicles Act nor under the rules framed by the Central Government or the State Government a fitness certificate by the petitioner requires counter signature of the Joint Transport Commissioner, Learned Counsel submitted that even if there be such provision under the Act or the rules, the practice of obtaining counter-signature was abolished in 1996 and since then no counter-signature was ever obtained on the fitness certificate which is issued in Form 38.

4. On the other hand, Mrs. Ritu Kumar, learned JC to Government Advocate, drew my attention to Annexure-5 to the writ application which is a copy of the letter of authority issued under Rule 63(1)(5) of the Central Motor Vehicles Rules. According to the learned Counsel, one of the conditions incorporated in the permit is that the permit-holder shall be bound to follow the rules, notifications and the instructions issued time to time by the Transport Authority. Learned counsel, therefore, submitted that pursuant to Annexure-1, an executive instruction was issued by the Transport department which contains, inter alia, that the permit-holder is bound to obtain counter-signature on the fitness certificate Form before issuance of the same to the owners concerned of the vehicles.

5. Before appreciating the rival contentions of the learned Counsel for the parties, it would be useful to quote Clauses (n) and (p) of the General Conditions annexed with the letter of authority issued to the petitioner. The said clauses read as under:

(n) Any rule framed by the Government or any instruction or circular, whatever may be, passed by the State Transport Commissioner and on behalf of the State Government Transport Deptt will be applicable from date of enforcement of such instruction and circular whatever may be.

(p) The book of the prescribed Form No. 38 in accordance with Rule 62 must be numbered and certified by the undersigned bearing the seal of the office.

6. From perusal of the executive instructions issued by the Transport Authority, a copy of which has been annexed as Annexure-B to the counter-affidavit, it appears that the permit holders of the Testing Station are required to get Form 38 (fitness certificate) maintained at their own cost and to obtain counter-signature of the Joint Transport Commissioner before using the same for the purpose of issuing fitness certificate, Clause 8 of the Executive Instructions further provides that the permit holder shall keep proper account and description of the vehicle for which fitness certificates are issued during the relevant period.

7. Having regard to the general conditions appended to the letter of authority (Annexure-1) coupled with Clause 8 of the Executive Instructions (Annexure-B), it is manifest that the holders of the letter of authority are bound to obtain counter-signature on the printed Form 38 before using the same for the purpose