The government has the authority to classify vehicles as stage carriages based on actual seating capacity, and its actions must be in accordance with the Motor Vehicles Act and relevant rules.

( 1 ) THIS writ petition has been filed by Kota Mini Bus Malik Sangh with the prayer that the respondents be restrained by writ of probation from issuing stage carriage permits to tempo, three wheeler, minidor, auto-rickshaw manufactured by bajaj Tempo Ltd. in Kota and be further restrained them from allowing the minidor operators to ply the minidor auto-rickshaw as stage carriage.

( 2 ) I have heard Shri Mahesh Sharma, the learned counsel for the petitioner and Shri s. N. Gupta, the learned Deputy Government Advocate for State.

( 3 ) THE petitioner-association is a union of mini bus owners who ply mini buses in the city of Kota. It is contented that the Motor vehicles Act, 1988 (for short the Act) classifies the vehicles as stage carriage and contract carriage depending upon their seating capacity. A motor vehicle which has the seating capacity of more than six passengers excluding driver is classified according to S. 2 (40) of the Act as stage carriage whereas contract carriage means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum. It is contended that the stage carriage vehicle by its very definition has to have seating capacity of seven or more passenger excluding the driver whereas the contract carriage vehicle should have seating capacity up to six passengers excluding driver. The State Government issued a circular on 19-1-2000 whereby classification of motor vehicles into stage carriage and contract carriage was explained in detail and directions were issued with regard to the grant of permit in accordance with seating capacity of the motor vehicle. According to this circular, a motor vehicle having seating capacity of more than 6 passengers excluding driver or in other words, having seating capacity of seven or more passengers excluding driver has been classified as stage carriage and shall be issued the stage carriage permit and such motor vehicle would ply in the capacity of stage carriage. Similarly a motor vehicle having seating capacity up to six passengers or less excluding driver shall be classified as contract carriage and shall be issued the contract carriage permit.

( 4 ) BAJAJ Tempo Ltd. is a manufacturer of tempo, three wheeler, minidor, auto-rickshaw which has the seating capacity of six passengers in all excluding driver. A declaration in Form 22 of the central Motor Vehicles Rules to this effect has been issued by the manufacturer. According to the Circular aforesaid issued by the Government the minidor has to be classified as a contract carriage taking into consideration the declaration made by the manufacturer itself. M/s. Pratap Automobiles who is the dealer of Bajaj Tempo in Rajasthan issued certificate to the customers in which seating capacity of minidor including driver has been shown as seven in all. Copy of such certificate has been placed on record. It is on that basis that contract carriage permit was issued to the minidor auto-rickshaw. Copy of one such permit has been placed on record. When certificate of registration is issued to the minidor by the Registration authority the total seating capacity is shown to be 7 in all which implies excluding driver, its seating capacity is six only. Shri Mahesh sharma, the learned counsel for the petitioner argued that M/s. Pratap Automobiles has started mentioning the seating capacity of minidor as 7 + 1 including driver which is contravening the provisions of Motor Vehicles Act. He, therefore, argued that the dealer M/s. Pratap Automobiles has no authority to change the seating capacity of the vehicle. In fact, on the basis of sale certificate issued by the dealer, the owners of the minidor have started