[2026:RJ-JP:5891] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 887/2026 Jai Bhawani Fitness Center, Chak-1-G Chhoti, Muraba No.15, Riico Netewala Bypass, N.h.62, Sriganganagar, Through Proprietor Dinesh Saraswat, S/o Sh. Shyam Lal Saraswat, Age 38 Years, Resident Of House No.121, Sardarpura, Abohar, Fazilka (Punjab)-152116. ----Petitioner Versus 1. Union Of India, Through Secretary, Department Of Transport And Highway, Government Of India, New Delhi. 2. State Of Rajasthan, Through Its Secretary. Department Of Transport, Government Of Rajasthan, Jaipur. 3. Transport Commissioner, Department Of Transport And Road Safety, Jaipur. 4. Additional Transport Commissioner (Rules), Department Of Transport, Jaipur. ----Respondents For Petitioner(s) : Ms. Aradhana Swami For Respondent(s) : Mr. Bharat Vyas, (ASG) with Ms. Diya Modi (union) Mr. Sachin Singh Rathore, AAAG Mr. Tanishq Aditya, for Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE GANESH RAM MEENA Order 09/02/2026 1. Learned counsels appearing for the parties jointly rely upon the order passed by the Hon'ble Division Bench of this Court at Principal Seat, Jodhpur in the matter of "State of Rajasthan & Ors. versus Rajasthan Vehicle Fitness Center Nokha & Anr." in D. B. Special Appeal (Writ) No.1560/2025 along with other [2026:RJ-JP:5891] (2 of 3) [CW-887/2026] connected matters whereby the Division Bench passed the following order: "6. Since no further material interference with the order passed by the learned Single Judge is called for, assailing which the present appeals have been prefferd by the state. However, the appeals of the state are disposed of while clarifying that the order of the learned Single Judge shall now operate as follows:- (A) The persons possessing a valid LOA under the “FIJA-2018” Scheme shall be permitted to operate their Fitness Testing Stations until at least one Automated Testing Station is established in the concerned District. However, no fresh extension of LOAs under the “FIJA 2018” Scheme shall be granted, even if this results in vehicle owners being required to visit another District for obtaining a fitness certificate. (B) The applications already received for establishment of ATS, in respect of which 38 PRCs have been issued, shall be processed expeditiously and preferably within a period of 60 days from today. (C) Upon completion of all requisite formalities by an applicant for establishment of an ATS and submission of the application for Registration Certificate (RC) on the NSW Portal, the competent Authority shall grant the necessary permission within a period of 30 days. (D) The RTO and DTO authorities, who do not possess the necessary equipment to issue fitness certificates in conformity with the amended Rules, shall not issue fitness certificates. (E) The Union of India had originally prescribed 01.04.2025 as the deadline for implementation of the scheme of issuance of Certificates of Fitness through Automated Testing Stations (ATS) in the State of Rajasthan. However, in view of the submissions made by the learned counsel for the appellants regarding operational and infrastructural constraints, this Court finds it appropriate to direct that the said scheme shall be strictly and mandatorily made fully operational with effect from 15.04.2026. This Court further clarifies that from the said date, no Certificate of Fitness shall be issued in the State of Rajasthan except through an Automated Testing Station (ATS), in terms of Rule 62(1)(b) of the Central Motor Vehicles Rules, 1989, read with Office Order dated 02.07.2025, notwithstanding the fact that such facilities may be available only at limited locations, and such [2026:RJ-JP:5891] (3 of 3) [CW-887/2026] facilities have to be availed from the nearest operational ATS." 2. In view of above directions issued by Hon'ble Division Bench of this Court, the respondents are directed to permit the petitioner to operate in terms of the order passed by the Division Bench of this Court. 3. Taking into consideration the issue raised in the present writ petition which in the opinion of this Court is squarely covered by the order passed by the Hon’ble Division Bench in case of Rajasthan Vehicle Fitness Center Nokha & Anr. (Supra), the present writ petition is disposed of in the light of the directions issued in that case. The case of the petitioner shall also be governed by the directions issued in the said case by the Hon'ble Division Bench. 4. Accordingly, the present writ petition stands disposed of. 5. In view of the order passed in the main petition, stay application and pending application/s, if any, also stand disposed of. (GANESH RAM MEENA),J SHRUTI SHARMA /36