UMA DEVI SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) 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 :

(3.) RESPONDENTS have submitted their reply in oppugnation. It has been contended by them that every citizen in this country is entitled to carry on business of transport for hire or reward, however, the same is subject to reasonable restrictions as may be prescribed under law. The Act was passed by the Parliament with the intention to regulate the transport business and to grant license to vehicles. Section 111 of the Act, confers power on the State Government to frame and formulate Rules. Exercising the said power, State Government has framed the Rules as mentioned hereinabove and rule 158 bestows power on the respondents to fix the maximum seating capacity for the stage carriages or contract carriages. They have referred to Chapter VII, of the Rules. According to them, Rule 154 stipulates that no person shall use and no person shall cause or allow to be used or to be in any public place, any motor vehicle which does not comply with the rule contained in this chapter, or with any order made thereunder. According to them, Rule 158 makes provision for minimum and maximum seating space, backrest and gangway to be provided in public service vehicles.