Judgment

MADON, J. :- This group of four appeals by special leave is directed against a common judgment and order of the Karnataka High Court in four writ petitions whereby the High Court struck down sub-rule (2) inserted in Rule 5 of the Karnataka Motor Vehicles Rules, 1963, by Notification No. HD 16 TMR 73 dated July 7, 1976, as being ultra vires the Motor Vehicles Act, 1939 (Act 4 of 1939) (hereinafter referred to as the Act).

2. The Respondent in Civil Appeal No. 2488 of 1977, had obtained a learners licence for driving heavy motor vehicles under the said Rules and had obtained training in Crown Motor Driving School, Bangalore, which was an institution recognised by the Government of Karnataka under Rule 30 of the said Rules. He also held a licence to impart training in driving heavy motor vehicles. After completion of his training he obtained a certificate from the said driving school and applied on July 22, 1976, through it for a licence to drive heavy motor vehicles. The Respondent in Civil Appeal No. 2489 of 1977, had applied on July 20, 1976, for a learners licence to drive heavy motor vehicles. The Respondent in Civil Appeal No. 2490 of 1977 as also the Respondent in civil