Bombay HC quashes govt. circular on BH Series registrations

The circular issued was “clearly in excess of the jurisdiction and without any authority in law” - HC.

The Bombay High Court has quashed a circular issued by the transport commissioner of Maharashtra imposing certain conditions for BH Series vehicle registrations.

A judgement issued by the division bench of Justices Girish Kulkarni and Firdosh Pooniwalla stated that the circular was issued without any authority and hence was flawed and illegal.

The court was hearing a petition filed by Mahendra Patil, a senior civil judge in the Maharashtra State Judicial Services. According to Patil, he submitted his official identity card, as per the requirements, while applying for a BH Series vehicle registration. However, he was informed that his application was rejected as he had not complied with certain other conditions imposed under a circular issued by the transport commissioner in February 2024.

As per the circular, any government employee who wishes to seek BH Series registration must furnish a certificate showing he has offices in other states, his stay and payment slips under the service tenure in such states, in addition to the official identity card.

Patil argued that the transport commissioner had no authority to issue such a circular, which is against the provisions of rules framed by the Central Government.

The Bombay High Court noted that the circular issued was “clearly in excess of the jurisdiction and without any authority in law” and was quashed. The court went on to state that it was not permissible for the commissioner to impose conditions by such a circular to regulate the registration of BH vehicles, which would nullify the Central Rules or create a regime which was contrary to or would defeat the provisions of the Central Rules.

Source: Money control