S.S. Sodhi, J. - (1.) THE challenge here is to the constitutional validity of Rule 6 of the Motor Vehicles (National Permit) Rules, 1975, as amended by the Central Motor Vehicles Rules, 1989, rendering transport vehicles more than nine years old. ineligible for grant of national permits and such permits granted, becoming invalid from the date, the vehicle covered by it completes nine years from its initial registration.
(2.) THE Petitioners - -Jagtar Singh and others were granted National Permits by the Chandigarh Administration under the 1975 Rules and they held authorization there under till September 30, 1988. When, however, they applied for extension of such authorization, they were refused it on the ground that their vehicles covered by the National Permits were more than nine years' old. Rule 88 of the 1989 Rules, being cited against them. In seeking to assail the denial of National Permits on the ground that the vehicles were more than nine years old, the main stress of Mr. H.S. Sawhney, counsel for the Petitioners was upon the provisions of Section 56 of the Motor Vehicles Act, 1988, prescribing the carrying of a essential precondition for the grant of such permits. The argument being that in the face of the requirement that the motor vehicle must have a certificate of fitness, fixing of the age of the vehicles as a further condition for the grant of continuance of National Permits constituted an arbitrary and unreasonable restriction was thus violative of Articles 14 and 19 of the Constitution of India.
(3.) FURTHER , it was sought to be contended that the rule fixing the age of the vehicles, for purposes of grant or continuance of National Permits, was beyond the ambit of the Act, inasmuch as, no such age had been fixed by any of its substantive provisions.;