JUDGMENT :

S.R. BRAHMBHATT, J.

1. The petitioner, a registered Association having registration No. G-2301 established since 03.02.1977, has approached this Court under Article 226 of the Constitution of India for following reliefs:

“(a) Your Lordships may be pleased to issue a writ of prohibition and/or writ in the nature of prohibition and/or writ of mandamus and/or writ in the nature of mandamus and/or any other writ, order or direction to quash and set aside Schedule VI-A(1), (2), (3), (4) and 5(d) - Table D of Rules 11(11) of the Gujarat Legal Metrology (Enforcement) Rules, 2011, so framed under purported exercise of powers conferred by sub-section (1) of Section 53 of the Legal Metrology Act, 2009.

(b) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to stay operation and implementation of the Schedule VI-A(1), (2), (3), (4) and 5(d) - Table D of Rules 11(11) of the Gujarat Legal Metrology (Enforcement) Rules, 2011, so framed under purported exercise of powers conferred by sub-section (1) of Section 53 of the Legal Metrology Act, 2009.

(c) An ex-parte ad interim relief in terms of prayer (B) above may kindly be granted.

(d) Such other and further relief/s as may be deemed just and necessary may kindly be granted.”

2. Facts in brief leading to filing this petition required to be set out as under.

3. The petitioner Association is a registered Association having its members, who are working as repairer as defined under the provisions of The Legal Metrology Act, 2009 (hereinafter referred to as ‘the Act’ for short). The petitioners have stated and averred in the memo of petition that their members are in the vocation of repairing weight and measures and they are operating in their respective area of functioning. Prior to the year 2009 i.e. before the Act came into existence, there was an Act called the Standard of weight and measures Act, 1976 and the Standard of weight and measures (enforcement) Act, 1985. On the advent of the Act of 2009, the aforesaid two acts were repealed as could be seen from Section 67 of the Act. The petitioners were in fact working as the repairers even before the Act of 2009 came into force. Their working was regulated by the Standard of weight and measures (enforcement) Act, 1985. The members of the petitioners Association were issued appropriate licence for carrying out repairing work under the provisions of the Act prevailing then. In the year 2009 new act came into existence, whereunder, as per provisions of Section 53 of the Act, State Government, after consultation with the Central Government is empowered to make rules for the subject mentioned thereunder. Pursuant to the power conferred upon the State under Section 53 of the Act, the State of Gujarat - respondent hereinabove, promulgated rules called the Gujarat Legal Metrology (Enforcement) Rules 2011 and in those rules, the provisions of Rule 11 (11) and Schedule VI-A came to be made, which, if enforced in its letter and spirit, would render the members of the petitioner Association ineligible for carrying out their vocation as a repairer, which they have been carrying out since years. Therefore, those provisions have been specifically challenged on the ground that they do not answer the touchstone of reasonableness and as they are violative of provisions of fair play and equality as envisaged under Article 14 of the Constitution of India and in violation of members of petitioner Association's fundamental rights under Article 19(1)(g), same should be quashed and set aside.

4. Learned advocate appearing for the petitioners has contended that the provisions of Rule 11(11) and Schedule go to show that their exists no justification for insisting upon all repairers to comply therewith. In case, if the repairers like members of the petitioner Association is incapable of acquiring and fulfilling those conditions by 31st March, 2012, then, their licenses are not to be renewed. In other words, if the repairers is not