The Court's discretion in granting interim relief under Section 91 of the Civil Procedure Code must be governed by well-recognized judicial principles.

1. This petition for revision reveals a unique effort made by a few citizens of Chandigarh to put the authorities responsible for running bus transport in the city on its toes. Taking aid of S.91 of the Civil P.C., whereunder any two or more persons with the leave of the Court can, in the case of wrongful act affecting or likely to affect the public, seek a declaration and injunction and such other relief as may be appropriate in the circumstances of the case, the plaintiff-respondents approached the Court of Shri Amarjit Singh Katari, P.C.S. Sub-Judge 1st Class, Chandigarh complaining that the public transport provided by the Chandigarh Transport Undertaking was in a complete mess inasmuch as neither were its buses roadworthy nor their drivers physically fit which had resulted in numerous accidents in the town making it hazardous for people to move on roads. The Court having granted leave to them, as envisaged under S.91, Civil P.C. also entertained their application for interim relief and passed the following order, now sought to be impugned in this petition :-

"Thus, the plaintiffs have the right to know the condition of buses being run by the Chandigarh Transport Undertaking so that they cease to be a death hazard to the citizen who travel in them. Citizen of our country, especially of Chandigarh, are also entitled to know as to whether the drivers who drive the buses are mentally and physically fit so that the accidents caused by them daily due to the rash and negligent driving of the buses could be avoided so as to maintain the constitutional guarantee given to every citizen of India by the Constitution of the country for right to live. Accordingly a committee consisting of following automobiles Engineers is appointed to report roadworthiness of the buses plied by the Chandigarh Transport Undertaking :-

(i) Sh. H. L. Vij

(ii) Sh. Harbhajan Singh

(iii) Sh. Suresh Misri

The Chandigarh Transport Undertaking shall pay Rs.1000/- each as remuneration to each of them and afford the access to inspect five buses in the yard of Chandigarh Transport Undertaking at random for a period of one month from the date of this order. The Chandigarh Administration is also directed to supply particulars of all the drivers plying its buses and their complete bio-data regarding facts of rash and negligent driving committed by each of the driver. To come up for report of the committee of the Chandigarh Administration on 16-7-85."

2 The operation of this order was stayed ad interim on motion by this Court.

3. Mr. Ashok Bhan, learned counsel for the petitioners Chandigarh Administration and the General Manager, Chandigarh Transport Undertaking, Chandigarh, has challenged the approach of the learned Judge in face of the statutory provisions under the Motor Vehicles Act, 1939 and the rules framed thereunder. In particular, my attention has been invited to S.38 of the Motor Vehicles Act whereunder it is incumbent for a transport vehicle to be carrying a certificate of fitness in form H as set forth in the First Schedule for all time in order to remain validly registered for the purpose of S.22. Sub-sec.(2) specifically provides that a certificate of fitness shall remain effective for such period, not being in any case more than two years or less than six months, as may be specified in the certificate by the prescribed authority. The requirements essential to be fulfilled for obtaining a certificate of fitness are those as given in Chapter V of the Act comprising of Ss.69, 69A and 70 of the said Act Therein, a variety of considerations come into play before a vehicle can be granted a certificate of fitness. Further, under the Punjab Motor Vehicle Rules, 1940, a certificate of fitness is required to be given by a Board of Inspection comprising of two members. One of them, as is clear from R. 3.10, is to be an Assistant Commissioner, Extra Assistant Commissioner, Gazetted Officer or a Magistrate deputed for the purpose by the District Magistrate