HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2258/2025 CM No. 5197/2025 Cav No. 1858/2025 M/s All J and K Transport Companies Agents Association Nehru Market Jammu through its Chairman Sh. Farman Ali, age 67 years S/o Sh. Ghulam Mohd. R/o House No. 123/B, Bhawani Nagar, Talab Tillo, Jammu. …..Petitioner(s) Through: Mr. Parag Sharma, Advocate. Vs 1. Union Territory of Jammu and Kashmir through Commissioner/Administrative Secretary Civil Secretariat Transport Department, Srinagar/Jammu. 2. Transport Commissioner, J&K, Jammu. 3. Joint Transport Commissioner, J&K, Jammu. 4. Additional Transport Commissioner, J&K, Jammu. .…. Respondent(s) Through: Mr. Eishaan Dadhichi, GA Mr. Rahul Pant, Sr. Advocate with Mr. Abid Khan, Advocate. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 19.08.2025 1. The grievance of the petitioner is that public notices dated 23.01.2024 and 27.03.2025 issued by respondent No. 4- Additional Transport Commissioner, J&K, Jammu for establishing Automated Testing Station (ATS) for testing of the Motor Vehicles in private sector contain eligibility and other conditions which are contrary to the Central Motor Vehicles Rules, 1989 inasmuch as, one of the eligibility conditions laid down in Rule 176, is that owner or operator of an Automated Testing Station must have a minimum net worth of three crore rupees during the last financial year Sr. No. 108 2 WP(C) No. 2258/2025 coupled with positive profit in the last two financial years but the said condition does not find mention in the impugned public notices. 2. Mr. Rahul Pant, learned Senior counsel appearing for the caveator has submitted that the Central Motor Vehicles Rules, 1989 stand amended in terms of notification G.S.R. 195-(E) dated 14.03.2024, whereby rule 176(iv) of the Rules of 1989 stands omitted and, therefore, there is no requirement of having minimum net worth of three crore rupees or positive profit in the last two financial years. 3. In view of the fact that the statutory framework on the basis of which the petitioner has laid challenge to two public notices, (Annexures I & II to the writ petition) stands amended, the contention of the petitioner gets knocked down. Thus, the instant petition lacks merit and is dismissed, accordingly. 4. The petitioner shall be at liberty to take recourse to appropriate legal remedy with regard to the allotment of Automated Testing Stations in accordance with law. 5. Disposed of, accordingly. (SANJAY DHAR) JUDGE JAMMU 19.08.2025 Shivalee Whether the order is speaking: Yes Whether the order is reportable: No Shivalee Khajuria 2025.08.21 10:05 I attest to the accuracy and integrity of this document Jammu