BH-Series Vehicle: Karnataka High Court Upholds Single Bench Decision Against Exclusion Of Private Sector Employees

A Division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal passed the order. A detailed copy of the order is still to be made available.

The Ministry of Road Transport and Highways in August 2021 introduced  "Bharath Series (BH-Series)" registration mark for new vehicles; the marking will not require an assignment of a new registration mark when the owner of the vehicle shifts from one State to another.

This facility is available on voluntary basis to defence personnel, employees of Central Government/State Government, Central/State Government Public Sector Undertakings, private sector companies/organisations which are having their offices in four or more States/Union Territories.

However, the Commissioner of Transport and Road Safety, Bangalore in December 2021 issued a separate notification excluding the private sector employees under BH-Series registration in the first phase.

This notification was quashed in December last year by single bench of Justice C M Poonacha. The judge had allowed the petition filed by Ranjith K P who works in Fortinet Technologies India and Shalini T, who works at Accenture Solutions stating that BH-Series registration was envisaged by Government to avoid the cumbersome process of citizens bringing NOC from one State and applying for new registration mark in the other State and then applying for refund of taxes from the previous State of transfer to another

The single judge had also noted that as per Section 64 of the Motor Vehicles Act, the Central government is empowered to make rules regarding registration of vehicles. The power under Section 65 of the MV Act specifies that the State government is entitled to make rules only for the purpose of carrying into effect various aspects except matters specified in Section 64 of the MV Act. "The power enumerated under Section 65 of the MV Act does not entitle the State to make any Rules/stipulation regarding registration of vehicles."

Citation: 2023 LiveLaw (Kar) 285

Case Title: THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TRANSPORT DEPT & Others And RANJITH K P & others

Case No: WA 191/2023 C/W 196/2023

Date of Order: 27-07-2023