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1995 Supreme(Ker) 84

T.V.RAMAKRISHNAN, M.M.PAREED PILLAY
Balakrishna Pillai – Appellant
Versus
Joint R. T. O. – Respondent


Judgment :-

Pareed Pillay, C.J.

Appellant filed O.P. 1342 of 1995 challenging interalia amendment to R.290 of the Kerala Motor Vehicles Rules, 1989. The amendment came into existence on 25-10-1993, the date on which the amended rule was published in the Gazette. By the amendment sub-rule (2) was added stipulating that every educational institution bus shall be painted with "Cream-Yellow Colour". Challenge is on the ground that it is an unreasonable restriction and that the amendment has no nexus with the object sought to be achieved.

2. Contention of the appellant is that no other private service vehicle or public transport vehicle is subjected to such an unreasonable condition regarding painting of the body with a particular colour, that the buses belonging to I.S.R.O., Trivandrum, KELTRON, Trivandrum, F.A.C.T., Udyogamandal and Cochin Refineries Ltd., amabalamugal are used without any restriction as to the colour of the paint used and therefore singling out the vehicles belonging to educational institutions is discriminatory and hence violative of Art.14 of the Constitution of India.

3. Section 96 of the Motor Vehicles Act, 1988 empowers the State Government to make rules for the pu






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