IMPORTANT POINTS:
A motor vehicle governed by AIS-008, which is not installed with lighting and light-signalling devices and also retro-reflectors referred to in Para-6.0, conforming to the individual specifications for such lighting and light-signalling devices and also for retro-reflectors prescribed in Paras-6.1 to 6.20, namely, number, position, width, height, length, geometric visibility, orientation, etc., shall not be permitted to be used in any public place. Similarly, a motor vehicle governed by AIS-008, which is installed with lighting and light-signalling devices or retro-reflectors other than those referred to in Para-6.0, shall not be permitted to be used in any public place.

JUDGMENT :

The petitioner, who is the Principal of Sabari PTB Smaraka Higher Secondary School, Adakkaputhur, Ottappalam, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Additional Registering Authority, Ottappalam to endorse the class of vehicle bearing registration No.KL-09/L-8719, covered by Ext.P5 certificate of registration, as Educational Institution Bus (Contract Carriage), without insisting compliance of Rule 125C of the Central Motor Vehicles Rules, 1989, in the light of Ext.P6 judgment of this Court dated 24.05.2018 in W.P.(C)No.1015 of 2018 and connected cases.

2. Going by the averments in the writ petition, for the conveyance of students, the petitioner purchased a Heavy Passenger Motor Vehicle covered by Ext.P5 certificate of registration on 01.02.2018 from its previous owner. The said vehicle which was originally registered as a stage carriage, on 02.04.2003, and operated as such till 31.01.2018, on the strength of stage carriage permit issued by the Regional Transport Authority, Palakkad. After purchase, the petitioner obtained Ext.P1 clearance certificate dated 05.02.2018 for facilitating transfer of ownership. The petitioner applied for endorsing the transfer of ownership and permission for alteration of the vehicle as Educational Institution Bus (Contract Carriage), by submitting Ext.P2 application dated 28.03.2018. On 18.03.2018, the 1st respondent accorded sanction, vide Ext.P3 proceedings, for alteration of the vehicle as Educational Institution Bus, subject to the remittance of Rs.5,000/-. On 10.05.2018, the petitioner remitted the requisite fee of Rs.5,000/-, vide Ext.P4 receipt. The petitioner produced the vehicle for inspection before the 1st respondent, after making necessary alterations. Thereafter, the petitioner was issued with Ext.P5 certificate of registration, in which the class of the vehicle is shown as Heavy Passenger Motor Vehicle – Stage Carriage, instead of Educational Institution Bus. According to the petitioner, after the issuance of Ext.P5, the 1st respondent took a stand that, endorsement as to change of the class of vehicle as Educational Institution Bus can be made only if alteration is effected in accordance with Rule 125C of the Central Motor Vehicles Rules, on a mistaken impression that the vehicle in question falls within the category to which the Code of Practice for Bus Body Design and Approval AIS-052(Rev.1)-2008 applies. Relying on Ext.P6 judgment in W.P.(C)No.1015 of 2018 and connected cases, the petitioner would contend that the provisions under Rule 125C of the Central Motor Vehicles Rules apply only to models of vehicles approved after 01.10.2014.

2.1. On 02.08.2019, when this writ petition came up for consideration, it was submitted by the learned counsel for the petitioner that the petitioner shall produce the vehicle in question before the 1st respondent for inspection, on 05.08.2019 at 11.00 am. The learned Government Pleader submitted that on such production, the 1st respondent Additional Registering Authority shall conduct inspection of the vehicle and submit a report before this Court. By the order dated 02.08.2019, this Court directed the 1st respondent to inspect the vehicle in question with specific reference to the provisions under the Central Motor Vehicles Rules, especially Rule 62, taking note of the law laid down by this Court in Saji v. Deputy Transport Commissioner [2019 (3) KHC 836] (Paras 62 and 63) and submit a report before this Court within ten days, stating the alterations made for change of the class of vehicle from Stage Carriage to Educational Institution Bus (Contract Carriage).

2.2. Along with a memo filed by the learned Government Pleader dated 14.08.2019, a statement dated nil of the 1st respondent; the inspection report of the Motor Vehicle Inspector in th