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2023 Supreme(Raj) 1316
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
AUGUSTINE GEORGE MASIH, SAMEER JAIN, JJ.
Jaipur Purchoon Transport Union – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Civil Writ Petition No. 12353 of 2022
Decided on : 04-10-2023
Advocate Appeared:
For the Appellant : Mr. Sanjay Mehrish, Mr. Ishwar Jain
For the Respondent: Mr. Ganesh Parihar, Mr. Sameer Sharma
The central legal point established is that the State Government has the authority to formulate schemes for the transportation of goods and passengers under Section 67(3) of the Motor Vehicle Act, 1988, and can incorporate necessary checks and balances to ensure efficient and safe transportation.
Headnote:
Motor Vehicle Act, 1988 - Transportation of Merchandise Goods in Stage Carriage and Contract Carriage Buses - Section 67(3) - Rule 5.21(6), Rule 5.22, Rule 2.18A
Fact of the Case:
The petition challenges the notification and scheme introduced by the State Government for the transportation of merchandise goods in stage carriage and contract carriage buses, citing it as illegal and ultra vires the Motor Vehicle Act, 1988.
Finding of the Court:
The Court found that the Scheme of 2022 was within the authority of the State Government and incorporated checks and balances to ensure efficient transportation without compromising passenger comfort or safety.
Issues: The issues revolved around the legality and authority of the Scheme of 2022, its nexus with the Motor Vehicle Act, 1988, and its potential impact on the rights of goods carriage operators.
Ratio Decidendi: The Court held that the Scheme of 2022 was issued with due authority of law, incorporated necessary checks and balances, and did not infringe upon the rights of goods carriage operators.
Final Decision: The petition was dismissed, and pending applications were disposed of.
ORDER :
1. The present petition is filed with the following prayers:-
“i) by an appropriate, writ order or direction the notification dated 27/07/2022, and the Scheme framed by the State Government, called The Rajasthan Transportation of Merchandise Goods in Stage Carriage and Contract Carriage Buses Scheme, 2022 (Annex. 1) be quashed and set aside and declared ultra-vires the provisions of Motor Vehicle Act, 1988.
ii. declared that Government has no power/authority conferred by Sub Section 3 of Section 67 of the Motor Vehicle Act, 1988 for making Scheme 2022 for Transportation of Merchandise Goods in Stage Carriage And Contract Carriages Buses.
iii) Any other relief which the Hon’ble Court considers appropriate in the facts and circumstances of the case, may kindly be passed in favour of the petitioner.
iv) Cost of the petition be awarded in favour of the petitioner.”
2. At the outset, it is noted that the instant petition is preferred by the elected president of the petitioner no.1-Jaipur Purchoon Transport Union, whose main objective is to protect and promote the interest(s) of the member transporters and represent their cause to the Government, if and when the need so arises.
3. It is submitted by the learned counsel for the petitioner that on 27.07.2022, a notification was issued by the Secretary, Regional Transport Authority/Transport and Road Safety Department, Government of Rajasthan, Jaipur whereby a scheme called-The Rajasthan Transportation of Merchandise Goods in Stage Carriage and Contract Carriage Buses Scheme, 2022 (hereinafter, Scheme of 2022) was introduced in exercise of the powers conferred by Section 67(3) of the Motor Vehicle Act, 1988. In consonance with the title, the Scheme of 2022 encapsulates the rules and/or procedure qua the transportation of merchandise goods in stage carriage and contract carriage buses.
4. Being aggrieved with the introduction of the Scheme of 2022, the petitioners preferred a representation before the respondent-State. However, when no action was taken on the said representation, the petitioners filed the instant petition. Learned counsel has submitted that the Scheme of 2022 is wholly illegal and ultra-vires of the provisions of the Motor Vehicles Act, 1988 and therefore, the same deserves to be struck down. In support of the same, the following grounds of challenge were put forth:-
4.1 That a scheme for the transportation of merchandise goods in contract and stage carriage buses cannot be formulated by invoking the provisions of Section 67(3), as the exclusive jurisdiction to issue directions regarding the use and fare/freight of such contract and stage carriage buses rests with Section 67(2). Therefore, resultantly, the Scheme of 2022 has been issued devoid of any valid authority in law.
4.2 That the Scheme of 2022 has no nexus with the object sought to be achieved as per Clause (a) to (m) of Section 67(3) of the Motor Vehicle Act, 1988.
4.3 That owing to the safety, security and comfort of passengers travelling in contract and stage carriage buses, it is neither permissible nor feasible to allow the transportation of merchandise goods in the said vehicles.
4.4 That the Scheme of 2022 is violative of Article 19(1)(g) of the Constitution of India as it shall inadvertently affect the interests/rights of the goods carriage operators i.e. Truck Operators, to carry on their business/trade.
5. Per contra, learned counsel for the respondent-State has submitted that the Scheme of 2022 is in consonance with the nexus sought to be achieved by Section 67(3) of the Motor Vehicle Act, 1988, having been issued with the due authority of law.
Therefore, the challenge so made herein-above, deserves to be dismissed. In support of the above, learned counsel submitted that the Transport Department vide its draft notification dated 28.06.2021 invited objections as well as suggestions with regards to the Rajasthan Motor Vehicle (Amendment) Rules, 2021, thereby substituting the existing sub-rule (6) of Rule 5.2
