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2023 Supreme(Online)(KER) 32876
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, Murali Purushothaman, J
P.A. Janish – Appellant
Versus
State of Kerala – Respondent
WP(C) NO. 39737 OF 2022
Important Points
Subject
Administrative Law - Public Interest Litigation
Act Referred
Headnote
(B) Public Interest Writ - The court emphasized the enforcement duties of officers as justification for required uniforms that are distinct yet necessary for public safety purposes. (Paras 18)
Facts of the case:
The petitioner challenged the amendment to Rule 406 which enables the Kerala Motor Vehicles officers to wear uniforms similar to police uniforms arguing that this is contrary to the Kerala Police Act and existing laws regarding the use of the State Emblem.
Findings of Court:
The court held that the amendment to Rule 406 is not ultra vires of the cited acts and regulations, and uniform is essential for officers performing public enforcement duties.
Issues: Whether the amendment to Rule 406 is ultra vires to the Kerala Police Act, given the claim of similarity to police uniforms that could potentially confuse the public.
Ratio Decidendi: The court concluded that the Kerala Motor Vehicles Department's amendment to Rule 406 is within the scope of its legislative powers under the Motor Vehicles Act, 1988, and does not infringe upon the provisions laid out in the Police Act.
Result: Writ petition dismissed.
For the Appellants/Petitioners: P. Deepak Nazrin Banu
For the Respondents: V. Tek Chand
| Table of Content |
|---|
| 1. challenge to amendment of rule 406 (Para 1 , 2 , 3) |
| 2. arguments regarding uniformity and enforcement powers (Para 4 , 5 , 6) |
| 3. court's evaluation of legal statutes and uniform regulations (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. validity of the amendment to rule 406 (Para 19) |
JUDGMENT
Dated this the 11 th day of April, 2023 S.MANIKUMAR, C.J. Instant public interest writ petition is filed challenging Exhibit-P10 amendment to Rule 406 of the Kerala Motor Vehicles Rules, 1989 as ultra vires to Section 43 of the Kerala Police Act , 2011 and clause (xiv) of Schedule III of the State Emblem of India (Regulation of Use) Rules , 2007.
2. Reliefs sought for in the writ petition are as under:
“(i) Issue a writ in the nature of certiorari or such other writ, order or direction calling for the records leading to Exhibit P10 and quash the same.
(ii) Declare that Exhibit P10 amendment to Rule 406 of the Kerala Motor Vehicles Rules, 1989 as ultra vires Section 43 of the Kerala Police Act , 2011 and clause (xiv) of Schedule III of the State Emblem of India (Regulation of Use) Rules , 2007.”
3. Grounds urged in the writ petition are as follows:
“A. Exhibit P10 amendment to Rule 406 of the Kerala Motor Vehicles Rules, 1989 is ultra vires of the Kerala Police Act , 2011 and clause (xiv) of Schedule III of the State Emblem of India (Regulation of Use) Rules , 2007.
B. The Police Officers discharge sovereign functions of the State, namely, enforcement of law and order. The uniforms of Police Officers therefore are required to be distinct, exclusive and easily identifiable. This requirement finds statutory imprimatur in Section 43 of the Kerala Police Act , 2011. The rigour of the said provision cannot be permitted to be diluted by permitting officers of any other department to wear uniforms deceptively similar to the uniforms of police officers.
C. The officers of the Motor Vehicles Department specified in Rule 406, namely, Regional Transport Officers/Joint Regional Transport Officers/Motor Vehicle Inspectors/Asst Motor Vehicle Inspectors hold posts in the Kerala State Transport Service' which is a 'State Service' defined under Rule 7 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 an included in Schedule 1 of the said Rules. There are as many as sixty 'State Services' included in the list of Kerala State Services' in Schedule I of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. The "Kerala State Transport Service' occupies Serial No: 28 of the said Schedule. The State Services' included in Exhibit P8 schedule, including, the Kerala State Transport Service' are not uniformed services' of the State so as to come within the ambit of clause (xiv) of Schedule III of the State Emblem of India (Regulation of Use) Rules , 2007. This is for the reason that only those posts of the Kerala State Transport Service' specified in Rule 406 of the Kerala Motor Vehicles Rules, 406 have been prescribed with uniforms whereas posts over and above Regional Transport Officer, namely, Deputy Transport Commissioner, Senior Deputy Transport Commissioner, Joint Transport Commissioner, Additional Transport Commissioner and Transport Commissioner do not have any uniform prescribed.
D. The Kerala State Transport Service' is not a 'uniformed service' and the officers of the said service, whether gazetted or not, will not come within the ambit of clause (xiv) of Schedule III of the State Emblem of India (Regulation of Use) Rules , 2007.
E. The use of beret caps' and badges embossed with the Emblem of India' by officers of the Motor Vehicles Department cannot be permitted under Section 43 of the Kerala Police Act , 2011 as it is deceptively similar to the uniform prescribed for senior police officers under the said provision.
F . The lapses on the part of the officers of the Motor Vehicle Department while undertaking inspection of vehicles are likely to show in poor light the law enforc
