- (1.) In the instant writ application the prayer of the petitioner is for a direction to the respondents to permit the petitioner to grant fitness certificate for the vehicle to whom renewal of certificate of registration is granted under Rule 52 of the Central Motor Vehicles Rules, 1989 and also for a direction to the respondents to allow him to issue pollution certificate to the motor vehicle.
(2.) The facts in short are that the petitioner has been granted letter of Authority being No. 2/90 for establishing an authorized testing station under Rule 63 (1) and (5) of the Central Motor Vehicles Rules 1989 to run his testing station at Jamshedpur. Accordingly, the petitioner has established and running an Authorized Testing Station at Jamshedpur.
(3.) According to the petitioner in view of section 36 of the Motor Vehicles Act, 1988, a certificate of fitness is required for a transport vehicle for plying it on the road and the certificate of fitness can be issued by the prescribed authority or by an authorized testing station.;