JUDGMENT

Manojit Bhuyan, J. - Difference of opinion, as recorded in WP(C) 167/2019, on the findings and decision in WP(C) 1395/2018, has given rise to the present reference before this Division Bench. Salient point for determination is as to whether, under the scheme of the relevant Act and Rules, the Assam State Transport Corporation (in short, ASTC) can venture into the activity of operating an "authorized testing station" and/or whether there is legal embargo for a ASTC to foray into the said activity for the purpose of issuance or renewal of a certificate of fitness to a transport vehicle. The statutes relevant to the case are (i) The Motor Vehicles Act, 1988; (ii) The Road Transport Corporations Act, 1950; (iii) The Central Motor Vehicles Rules, 1989, and (iv) The Assam Motor Vehicle Rules, 2003.

2. In the first case under reference i.e. WP(C) 1395/2018, the learned Single Judge delivered judgment on 27.09.2018. The said writ petition was instituted by different bus operator associations challenging a communication dated 20.11.2017, issued under the hand of the Secretary to the Government of Assam in the Transport Department, whereby the Managing Director of ASTC was informed of