Navaniti Prasad Singh, J.

1. The present batch of appeals by the State is against a common judgment and order dated 10.01.2017 passed in W.P. (C) No.27633 of 2016 and analogous cases by learned single Judge of this Court.

2. Delay in filing the appeals are condoned and with the consent of parties, we have heard the matter at length for its final disposal at this stage itself.

3. The issue relates to the validity of first proviso to Rule 105(2) of the Kerala Motor Vehicles Rules, 1989 as brought in by the Kerala Motor Vehicles (First Amendment) Rules, 2016 with effect from 18.04.2016. The learned single Judge has declared the proviso as introduced to be ultra vires the rule making powers of the State. The State is aggrieved and hence the intra court appeals.

4. In order to appreciate the controversy it is first necessary to notice the statutory provisions relevant under the Motor Vehicles Act, 1988 (for short ‘Act, 1988), Central Motor Vehicles Rules, 1989 (for short ‘Central Rules’) and the Kerala Motor Vehicles Rules, 1989 (for short ‘Kerala Rules’). The dispute is with regard to grant or renewal of certificate of fitness in respect of a transport vehicle and whether the pro