The main legal point established in the judgment is that the seating capacity regulations were found to be in line with statutory rules and served the collective interest of the general public.

DEEPAK VERMA, J. :- In this batch of Writ Petitions, common question posed for adjudication is to the constitutional validity of Rule 158 of the M.P. Motor Vehicles Rules, 1994 (hereinafter referred to as 'the Rules'). In addition to the prayer for striking down the aforesaid Rule being unconstitutional, the petitioners have also challenged the order dated 16-9-2005, issued by the Transport Commissioner, mentioning therein that in Tata Vehicles, the seating capacity in Ordinary and Deluxe stage carriage be fixed in accordance with Rule 158 of the aforesaid Rules, as also under Rule 128 of the Central Motor Vehicle Rules, 1989 (in short'the Central Rules').

2. Certain material facts, which need to be adverted to, in the aforesaid petitions, are mentioned hereinabove. For the sake of convenience, we have taken the facts of aforesaid case as the leading petition :A) Petitioner herein had purchased a second hand bus bearing Registration No. GJ-19-T-4170 from Rohan Kumar, resident of Surat. The bus was originally registered on 16-8-2004 with ARTO Bardoli, Surat. The make of the bus is entered as Tata with seating capacity 29 + 1 in the Registration Certificate issued to Rohan Kumar. According to the petitioner the said bus used to ply on the route as per the permit issued in favour of the previous owner, having seating capacity of 29 + 1. The tax used to be recovered for the aforesaid seating capacity of 29 + 1 only. After purchasing the said vehicle from its previous owner, the petitioner applied to the competent authority in the State of Gujarat for issuance of 'No Objection Certificate', so as to enable her to ply the vehicle within the State of Madhya Pradesh. Thereafter, the petitioner applied to the respondent No. 3 herein, District Transport Officers, Shajapur for transfer of her name in the Registration Book.

(B) On the strength of the documents filed by the petitioner, respondent No. 3 recorded the name of the petitioner on 17-11-2005 and issued a Smart Card in this regard. However, in the certificate issued to the petitioner by respondent No. 3, the original seating capacity of 29 + 1 was changed to 38 + 2. It is averred by the petitioner that this change of seating capacity was done by the respondent No. 3 without her notice and knowledge. It is put forth that the same is contrary to the provisions of the Act and the Rules and hence, it is unconstitutional, illegal and liable to be struck down. The petitioner lodged her complaint with the respondent No. 3 with regard to the aforesaid change in the seating capacity. According to the petitioner, she was orally informed that this had become necessary on account of the Circular dated 16-9-2005, issued by the Transport Commissioner, which is also the subject-matter of challenge in this petition.

(C) It is further mentioned in the petition that Section 47 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), provides for registration of a vehicle, which is carried out after full verification by the Registering Authority. In the present case, the vehicle was duly inspected; verified and only thereafter the original Registering Authority registered its seating capacity as 29 + 1. The said vehicle has come to the State of Madhya Pradesh with "No Objection Certificate" issued in that regard. According to the petitioner, Section 50 of the Act, contemplates transfer of the vehicle in the name of subsequent purchaser, but no other change in the particulars already existing in the registration book at the time of initial registration, can be made by respondents, more so, suo motu.

(D) Reference has also been made with regard to powers conferred on the Authority under Section 52 of the Act, but according to the petitioner no suo motu power can be exercised in this regard. According to the petitioner, Act of 1988 has been basically introduced with the object of providing better service, facilities to the travelling public in the fast moving age of competition as t