State Govt Bound To Consider Requests For "Bharat Series" Registration Of Vehicles: Kerala High Court

The Kerala High Court has ruled that the State government is bound to consider the application of the petitioner for registration of his vehicle with a 'Bharat series' number since the Centre had already brought it into implementation.

Justice Sathish Ninan also clarified that the fact that the State was yet to finalise the tax payable for such registration was immaterial to consider such applications. 

"The manner and form of registration in BH series having already been brought in by the Central Government, the State Government is bound to consider the request of the petitioners for registration of the vehicles in BH series." 

The petitioner who appeared as party in person sought a direction to the respondents to consider his representation dated 27-01-2022 and to pass orders allowing the registration of his car with BH registration number.

Section 41 of the Motor Vehicles Act, 1988, provides how a motor vehicle is to be registered. Section 41(6) provides for the assignment of registration marks for the vehicle. Section 64 empowers the Centre to make Rules on the manner and form of registration marks including the letters and figures of the registration mark.

As per the Gazette notification, the Central Motor Vehicles Rules, 1989 were amended. The amended Rules 47, 48, 50, 51B and 54 provide for the assignment of "BH series" registration mark for vehicles owned by persons who satisfy the criteria mentioned therein.

Rule 51B of the amended Central Motor Vehicles Rules, provides the rate of tax and also the option for payment of tax for two years. According to the Special Government Pleader, tax is included as Entry No.57 in the State List in the Constitution, so the State has the right to fix the tax payable. The State is yet to take a decision on the same and hence the request of the petitioner for assigning BH series registration cannot be granted, he contended.

It was further argued that under the amended Rules the benefit of BH series registration can be availed only by a particular class of persons who have their place of work within many States as stipulated under the amended Rules. There is every chance of misuse of the provision by transfer of the vehicle by the owner who obtains BH registration to another who does not satisfy the requirements to hold a BH registration, he added.

The Court noted that since the manner and form of registration in BH series were already brought in by the Central Government, the State Government was bound to consider the request of the petitioner for registration of the vehicles in BH series. The request cannot be kept pending for the reasons suggested by the Special Government Pleader, it was held. 

Therefore, the following interim directions were issued:-

(i) The application for registration of the vehicles of the respective petitioners in BH series shall be considered in accordance with law and in the light of the criteria regarding eligibility fixed under the amended Rules.

(ii) The vehicles of the eligible petitioners in terms of the direction in clause-1 above shall be registered in BH series on their remitting tax in accordance with the amended Central Motor Vehicles Rules as provided for registration as BH series.

(iii) The payment of tax as indicated in clause-2 above shall be provisional and subject to further orders to be passed in these writ petitions. 

(iv) The balance tax, if any, found/held by this Court as payable, shall be paid by the respective petitioners.

(v) The balance/remaining tax if any payable as above, shall be a charge on the respective vehicles.

(vi) The vehicles as above shall not be alienated/transferred without obtaining orders from this Court.

When the matter was taken up again recently, the respondent-NIC was directed to give necessary assistance to Registering Authority to enable compliance with the earlier order within ten days.

Case Title: Satyendra Kumar Jha v. Secretary (Transport) & Ors.

Citation: 2022 LiveLaw (Ker) 198

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