JUDGMENT : 1. The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-63/C-8000, which is a 2015 model vehicle covered by Ext.P1 stage carriage permit on the route Olivemount-Ayyampuzha, which is valid till 20.10.2022, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Joint Regional Transport Officer to renew the certificate of fitness of her stage carriage without insisting the colour scheme specified in Ext.P2 decision of the State Transport Authority dated 04.01.2018, till the next renewal of certificate of fitness of vehicle, by considering and finalising Ext.P4 request dated 28.10.2018. 2. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents. 3. Going by the averments in the writ petition, the petitioner is conducting ordinary moffussil service on the strength of Ext.P1 regular permit on the route Olivemount-Ayyampuzha with a stage carriage bearing registration No.KL-63/C-8000, which is a 2015 model vehicle. The certificate of fitness of the said vehicle was valid upto 08.11.2018. According to the petitioner, in the recent flood, the paint of her vehicle, which was painted with multi-colour (green-yellow-blue) faded completely and therefore, she re-painted the vehicle with multi colour in the very same colour pattern. When the petitioner approached the 1st respondent Registering Authority for renewal of the certificate of fitness, application was not entertained on the ground that as per Ext.P2 decision of the State Transport Authority ordinary moffussil service vehicle has to be painted with deep sky blue colour with three equally spaced white lines below the height of the wheel arch. Therefore, the petitioner made Ext.P4 request dated 28.10.2018 seeking renewal of certificate of fitness, without insisting the uniform colour scheme in Ext.P2 decision of the State Transport Authority. 4. A perusal of Ext.P2 decision of the State Transport Authority would show that, in exercise of its powers under Rule 264 of the Kerala Motor Vehicle Rules, 1989, the said Authority prescribed a uniform colour scheme to all private stage carriages in the State. Prior to Ext.P2 decision, there was no uniform colour scheme to private stage carriages plying in the State, except city buses. Taking into consideration various matters including road safety, a decision was taken to have a uniform colour scheme. Prior to Ext.P2 decision, there was no uniform colour scheme to private stage carriages plying in the State, except city buses. Taking into consideration various matters including road safety, a decision was taken to have a uniform colour scheme. The matter was discussed in the meeting of the State Transport Authority held on 22.11.2016. Thereafter, proposals were received from various Bus Operators' Associations and also the public. After considering the proposals/objections received from Bus Operators' Association and also the public, the State Transport Authority took a decision to implement uniform colour scheme for different classes of stage carriages operating throughout the State as City/Town Services, Mofussil/Ordinary Services and Limited Stop/Ordinary Services. The colour scheme prescribed as per Ext.P2 decision of the State Transport Authority reads thus; “1. City/Town Services Lime Green (colour value = #338e31) with three equally spaced white lines below the height of the wheel arch. 2. Mofussil/Ordinary Services Deep Sky Blue (colour value=#12bce0) with three equally spaced white lines below the height of the wheel arch. 3. Limited Stop Ordinary Services Maroon (colour value=# 871414) with three equally spaced white lines below the height of the wheel arch. 5. As per Ext.P2 decision, a stage carriage shall be in the uniform colour scheme specified therein, with effect from 01.02.2018 and the Secretary of the Regional Transport Authority was directed to ensure the same at the time of producing the vehicle for certificate of fitness or renewal of certificate of fitness. It is also specified in Ext.P2 that no other graphics, figures or colour schemes other than those permitted under Rule 191 (exhibition of advertisement) of Kerala Motor Vehicle Rules shall be allowed. However, this shall not be insisted for granting or issuing temporary permit for 20 days for a maximum of 40 days. 6. In Kasaragod District Bus Owners Association v. Regional Transport Authority [ 2014 (4) KLT 709 ] this Court held that the Regional Transport Authority has general powers to issue uniform colour code in respect of stage carriages and other vehicles while granting permits under the Motor Vehicles Act, even in the absence of rule to that end coined by State Government. This Court held further that the Regional Transport authority has to take into consideration the safety of public, in imposing such specifications. 7. This Court held further that the Regional Transport authority has to take into consideration the safety of public, in imposing such specifications. 7. The uniform colour scheme introduced by Ext.P2 decision of the State Transport Authority was under challenge in W.P.(C).Nos.4098 & 8740 of 2018. The said writ petitions ended in dismissal by the judgment dated 13.04.2018. Paragraphs 7 and 8 of the said judgment reads thus : “7. As a corollary, it is contended that since the Regional Transport Authorities have the power to insist on the paint work in respect of specific classes of vehicles, the State Transport Authority under Section 68(3) of the Act would definitely have the power to decide on a uniform policy with regard to such specifications by different Regional Transport Authorities throughout the State. 8. It is submitted by learned counsel for the petitioner that the decisions relied on by the Special Government Pleader are those considering the validity of Rules framed in accordance with law and the power of the STA has not been considered in those cases. However, I notice that the powers of the RTA to impose conditions to direct uniform colour to stage carriages has been considered by this Court in Kasaragod District Bus Owners Association's case (supra). Repelling the contention that such specification could be introduced only by Rules framed under Section 96(2), this Court held that the RTA is empowered to impose uniform conditions for grant of permits. Further, a learned single Judge of this Court in W.P(C).No.33980 of 2015, while dealing with the issue of specification of age in respect of fresh stage carriage permits, held that the State Transport Authority being empowered to coordinate and regulate the activities and policies of the Regional Transport Authorities in the State, is fully empowered to formulate a policy as to maximum age of vehicles for conduct of stage carriage services. In the cases on hand, the State Transport Authority has only directed that the Regional Transport Authorities in the State should follow a uniform policy with regard to the specification of colours in respect of specific classes of vehicles. This is a decision, which, according to me, is well supported by the power under Section 68(3)(a) of the Act. In the cases on hand, the State Transport Authority has only directed that the Regional Transport Authorities in the State should follow a uniform policy with regard to the specification of colours in respect of specific classes of vehicles. This is a decision, which, according to me, is well supported by the power under Section 68(3)(a) of the Act. The practical difficulty of an operator cannot be a ground to find any illegality in the decision taken by the State Transport Authority which is well within the jurisdiction.” 8. The vehicle used for stage carriage service, being a transport vehicle, should carry a certificate of fitness as provided under sub-section (1) of Section 56 of the Motor Vehicles Act, read with Rule 62 of the Central Motor Vehicles Rules. In the certificate of fitness issued in Form No.38, the prescribed authority or the authorised testing station mentioned in subsection (2) of Section 56 of the Act has to certify that the vehicle complies for the time being with all requirements of the Motor Vehicles Act and the rules made there under. In view of the provisions under sub-section (1) of Section 56, a transport vehicle shall not be deemed to be validly registered for the purposes of Section 39, unless it carries a certificate of fitness in the form prescribed by the Central Government. 9. The petitioner who is a stage carriage operator, though has a fundamental right guaranteed under Article 19(1)(g) of the Constitution of India to trade and commerce, the said right cannot be extended or stretched to encompass a fundamental right to operate her stage carriage unfettered by any conditions or restrictions, in total disregard to security, safety and convenience of the passengers and the public at large. The stage carriage operation of the petitioner is regulated by the provisions under the Motor Vehicles Act, the rules made there under and also the conditions attached to the stage carriage permit granted to her. Therefore, while the petitioner may have fundamental right under Article 19(1)(g) of the Constitution of India to trade and commerce of her choice, she does not have any right to operate her stage carriage without any restrictions and conditions. Therefore, while the petitioner may have fundamental right under Article 19(1)(g) of the Constitution of India to trade and commerce of her choice, she does not have any right to operate her stage carriage without any restrictions and conditions. The fundamental right of stage carriage operators under Article 19(1) (g) of the Constitution of India is inferior and subordinate and has to give way to paramount consideration of public safety, security and convenience of passengers and other relevant considerations under the Motor Vehicles Act and the rules made there under. 10. The uniform colour scheme prescribed in Ext.P2 decision of the State Transport Authority is intended to ensure safe and convenient public transport facility to the passengers and as such, the said provisions are in the interest of the public at large. The said provisions, which are in consonance with and in furtherance of the object and the purpose of the Motor Vehicles Act and the rules made there under are only reasonable restrictions, which can legitimately be imposed in the interests of the general public as provided by and permissible under Article 19(6) of the Constitution of India on the fundamental right to trade and commerce guaranteed under Article 19(1)(g) of the Constitution of India. 11. The averments in paragraph 2 of the writ petition would make it explicitly clear that the petitioner has recently repainted her stage carriage in violation of the uniform colour scheme prescribed in Ext.P2 decision of the State Transport Authority. If the petitioner requires renewal of the certificate of fitness of her stage carriage bearing registration No.KL-63/C-8000 to conduct ordinary moffussil service, on the strength of Ext.P1 regular permit, she has to comply with uniform colour scheme prescribed in Ext.P2 decision of the State Transport Authority dated 04.01.2018. Therefore, the petitioner is not entitled for the reliefs sought for in the writ petition. The writ petition fails and the same is accordingly dismissed. No order as to costs.