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6. It was submitted that High Court of Orissa in case of National Insurance Co. Ltd. v/s Raisa Bibi and others3, had held that wearing of badge on uniform was only with intention of identifying drivers. And as no badges were issued physically in Karnataka for more than 40 years, said requirement was vestigious, if not wholly irrelevant. Such being case, mere entering of badge number in driving licence would be an empty formality. It was submitted that State Government had in fact sought clarification from Central Government about legal position under Rule 12 of KMV Rules, as per correspondence dated 02.09.2021 at Annexure-G. 1998 SCC OnLine Ori 106 NC: 2023:KHC:32244

13. Under above circumstances, respondents sought to enforce existing KMV Rules and hence same could not be faulted. It was further submitted that in Rambha Devi and Ors. (supra), there was reference to larger Bench for examination of ratio in Mukund Dewangan's case (supra). Therefore, pending such reference, no relief could be granted to petitioners.

14. It is respectfully submitted that Central Government has recently issued Motor Vehicles Aggregator Guidelines, 2020, whereunder, holding badge along with DL is made mandatory for drivers attached to aggregator company. It was submitted that since Section 28 (2) (d) of MV Act empowered State Government to frame Rules regarding badges and uniform to be worn by drivers of Transport Vehicles, fees to be paid in respect of badges etc., action by respondent-authorities for implementing Rule 12 of KMV Rules, cannot be found fault with. It was submitted that merely on ground that metal badges were

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NC: 2023:KHC:32244 not issued would not render said Rule otiose and petitioners would be bound by them.

15. Even, Rule 8 (1) (a) of Karnataka, On-Demand Transportation Technology Aggregator Rules, 2016, requires drivers' badge along with licence to drive LMV (transport). It was also submitted that Form-7 [Rule 16 (1) & (2)] of Central Motor Vehicle Rules require entering drivers' badge, date of issue and issuing authority therein. Even in Form-54 [Rule 150 (1) & (2)] i.e. accident information report, there was requirement of mentioning badge number in column no.7 (d). On above mentioned grounds, learned counsel sought for dismissal of writ petitions.

20. Perusal of Rule 12 of KMV Rules, would reveal that sub-rule (1) mandates that only a person holding drivers' badge would be authorised to drive stage carriage or contract carriage vehicle. It also prescribes different shapes of badges for auto rickshaw cab and driver of other vehicles, procedure for obtaining badge, replacement etc. Power to frame rules in respect of drivers' badge would be traced to Section 28(2)(d) of MV Act.

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NC: 2023:KHC:32244