Rajasthan High Court Issues Notice In PIL Seeking To Restrain Unregulated Vehicle Fitness Centers From Issuing Certificates

While referring to the unregulated Vehicle Fitness Centers which alleged to have indiscriminately granted fitness certificates to unfit vehicles, the plea states,

"These Vehicle Fitness Centers running in the State of Rajasthan must be restrained from issuing Fitness Certificates as the same amounts to having cascading effect and consequence upon the safety, life and liberty of the public at large in the state of Rajasthan."

The present public interest litigation has been filed by an NGO namely, Raahat The Safe Community Foundation with a view to curb the menace of road accidents occurring from plying of unfit vehicles in Rajasthan.

Chief Justice Akil Kureshi and Justice Manoj Kumar Vyas, ruled,

"Issue notice, returnable on 15th March, 2022."

The petitioner further prayed the direction to both Central and State government to ensure effective implementation of the Central Motor Vehicles (21st Amendment) Rules, 2021 for regulating and controlling of Automated Testing Stations, in the state of Rajasthan.

It was prayed that the respondents be directed to ensure that only Automated Testing Station(s) that are established in Rajasthan which comply with CMA 1988 and CMVR 1989 & the terms and conditions, as laid down in the Central Motor Vehicles (21st Amendment) Rules, 2021 in order to issue Fitness Certificates in Rajasthan. The petitioner seeks to ensure setting up Advanced Testing Stations as per applicable Transport Ministry's guidelines and standards.

Notably, petitioners also sought for production of month-wise records of the fitness certificates, in both softcopy and hardcopy, as per the law. This includes Inspection Report, result of test equipment and CCTV footage CD. The plea states that such record shall be submitted to the Department of Transport by every 5th day of the month, along with the details of vehicles that have been granted fitness certificate.

The petitioner pleaded for directions in order to lodge FIR against operators of Fitness Centers or against the Officers of the respondent-Transport Department who have allegedly committed illegality in issuance of fake certificates. Petitioner seeks investigations against the said officers involved in issuance of fake certificates.

In addition to this, the present PIL seeks stringent actions against the vehicle owners plying without authentication certificates. Moreover, it also sought recall of all permissions and approvals granted to Fitness Testing Center(s) or ATS Centers operating in Rajasthan under the redundant schemes that are in contravention to the CMVA 1988, CMVER, 1989 as well as Central Motor Vehicles (21st Amendment) Rules, 2021.

The matter is next listed on 15.03.2022.

Adv. Sarvesh Jain and Adv. Pancham Surana appeared for the petitioner.

Case Title: Raahat The Safe Community Foundation v. Ministry Of Road Transport And Highways

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