The main legal point established in the judgment is the requirement for strict adherence to the prescribed procedures under Rule 63 of the Central Motor Vehicle Rules, 1989 and Section 19 of the Road Transport Corporation Act of 1950 for the grant of Letter of Authority to operate authorized testing stations.

Achintya Malla Bujor Barua, J.

Heard Mr. S Kataki, learned counsel for the petitioners. Also heard Mr. J Roy, learned counsel for the respondent, Assam State Transport Corporation (for short, ASTC) and Mr. Y Dolloi, learned Standing counsel for the Transport Department of the Government of Assam.

2. The petitioner, which is an association of different bus operators is aggrieved by the communication dated 20.11.2017 of the Secretary to the Government of Assam in the Transport Department addressed to the Managing Director of ASTC by which it was informed that the Government had agreed to the proposal for grant of Letter of Authority to the ASTC for a period of 5(five) years under Rule 63 of the Central Motor Vehicle Rules, 1989 for operating authorized testing stations for issuing certificate of fitness of transport vehicles under Section 56 of the Motor Vehicles Act of 1988. Subsequent to such communication, another Notification dated 11.01.2018 was issued under the signature of the Commissioner and Secretary to the Government of Assam in the Transport Department by which it was provided that the Governor of Assam is pleased to accord approval to the ASTC for opening of fitness test centers of commercial vehicle/any other vehicle under Rule 63 of the Central Motor Vehicle Rules, 1989 (for short, Rules of 1989) and Section 56 of the Motor Vehicle Act, 1988 (for short, the Act of 1988). By the said Notification, it was also provided that the ASTC will charge Rs. 300/- for light motor vehicles and Rs. 500 for heavy vehicles.

3. The communication of 20.11.2017 and the notification dated 11.01.2018 have been assailed in this writ petition on the ground that the same were issued in deviation of the prescribed procedure to be followed under Rule 63 of the Rules of 1989 and further that the communication and the notification were issued by an authority, who is not the prescribed authority under the said Rule.

4. Mr. J Roy, learned counsel for the respondent, ASTC, takes a stand that the ASTC being a State Transport Corporation is governed by the provisions of the Road Transport Corporation Act of 1950 (for short, the Act of 1950), and, therefore, it being so, in order to venture into any other additional business, the ASTC is required to obtain approval of the appropriate authority in the State Government as required under Section 19 of the Act of 1950. According to Mr. Roy, the communication dated 20.11.2017 and the Notification dated 11.01.2018 are a culmination of a proceeding initiated in favour of the ASTC under Section 19 of the Act of 1950 and that the communication and the notification are not a result of a process under Rule 63 of the Rules of 1989.

5. In order to substantiate his assertion, Mr. Roy, learned counsel refers to the provisions of Section 19(2)(m) and 19(3)(i) of the Act of 1950 and contends that for conducting any activity, the ASTC is required to obtain the approval of the appropriate authority in the State Government. Accordingly the ASTC as required under Section 19 made an application before the authorities in the State Government in the Transport Department for grant of an approval under Section 19.

6. In order to arrive at a conclusion as to whether the communication of 20.11.2017 and the Notification of 11.01.2018 were the culmination of a process under Section 19 of the Act of 1950 or it was a culmination of a process of Rule 63 of the Rules of 1989, the records pertaining to the issue are verified. From the records, it is taken note that the Commissioner of Transport, Government of Assam had made a communication to the Commissioner and Secretary to the Government of Assam in the Transport Department dated 20.03.2017 in which, in the first three paragraphs it was stated that the ASTC desires to undertake the activity of issuing vehicle fitness certificate and for the purpose they are willing to do the work at a minimum of Rs. 300/- for the light motor vehicle and Rs. 500/- from the heavy vehicle. The