JUDGMENT

The petitioner, who is a stage carriage operator, who purchased a Medium Passenger Motor Vehicle bearing Registration No.KL-21/A-8122 covered by Ext.P1 certificate of registration on 14.06.2018, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider Ext.P3 request for alteration of the class of the said vehicle, which is a 2008 model vehicle with seating capacity of 34 in all, with date of registration 03.01.2009, as 'contract carriage' from 'Medium Passenger Motor Vehicle', without insisting for the compliance of Bus Body Code.

2. Heard the learned counsel for the petitioner and also the learned Special Government Pleader appearing for the respondents.

3. The issue raised in this writ petition is as to the applicability of Bus Body Code prescribed under Rule 125C of the Central Motor Vehicle Rules, 1989 (for brevity 'CMV Rules'), while seeking alteration of class of vehicle. The fact that the vehicle in question was originally registered as 'Medium Passenger Motor Vehicle' prior to the introduction of Rule 125C of the CMV Rules is not in dispute.

4. During the course of arguments, it is s