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2014 Supreme(Guj) 750
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHASKAR BHATTACHARYA and J.B.PARDIWALA, JJ.
AMIT KALIDAS VYAS – Applicant
Versus
STATE OF GUJARAT - Opponent
WRIT PETITION (PIL) NO. 111 of 2014
Decided On : 11/08/2014
Advocate Appeared:
MR HEMANT K MAKWANA, ADVOCATE for the Applicant(s) No. 1 MR PK JANI, GOVERNMENT PLEADER with MR VANDAN BAXI, AGP for the Opponent(s) No. 1
The Central Government has exclusive power in prescribing the form of the application, documents, and particulars for registration of motor vehicles.
Headnote:
Smart Card - Driving Licence - Motor Vehicles Act 1988, Central Motor Vehicles Rules 1989 - The court discussed the introduction of smart card-based driving licences, the prescribed fee for smart cards, and the lack of smart card readers with the RTO and police. The court emphasized the exclusive power of the Central Government in prescribing the form of the application, documents, and particulars for registration of motor vehicles. It also highlighted the advantages of smart card-based driving licences and the need for smart card readers for effective implementation of traffic rules and regulations.
Fact of the Case:
The petitioner challenged the introduction of smart card-based driving licences, the prescribed fee for smart cards, and the lack of smart card readers with the RTO and police. The petitioner argued that the extra amount charged for the smart card was unjustified and violated constitutional provisions.
Finding of the Court:
The court found that the Central Government has exclusive power in prescribing the form of the application, documents, and particulars for registration of motor vehicles. It also acknowledged the advantages of smart card-based driving licences and the need for smart card readers for effective implementation of traffic rules and regulations.
Issues: The cost of smart cards, the policy of discontinuing the issuance of driving licences in booklet form, and the non-availability of smart card readers were the key issues raised in the case.
Ratio Decidendi: The Central Government has exclusive power in prescribing the form of the application, documents, and particulars for registration of motor vehicles. The introduction of smart card-based driving licences has its advantages, and the lack of smart card readers hinders effective implementation of traffic rules and regulations.
Final Decision: The court disposed of the Public Interest Litigation, emphasizing the need for the State Government to provide smart card readers to the RTO officials and police for effective implementation of traffic rules and regulations.
J.B.PARDIWALA, J.
1. By this writ application in the nature of a Public Interest Litigation, the petitioner claiming to be a public spirited citizen has prayed for the following reliefs:
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a) Your Lordships may be pleased to issue writ of certiorari or the writ of mandamus or writ in a nature by holding the action of the Road and Transport Department, in issuance of smart card type licence to the driving license holder as illegal, unconstitutional and in violation of the provisions of Article 19 of the Constitution of India.
b) Your Lordships may be pleased to issue a writ of certiorari or the writ of mandamus or writ in a nature by issuance of instruction upon the respondent authorities to give an option of issuance of license book or smart card in any pattern like PAN card, Voter ID card and Adhar Card in alternative to issuance of driving license in form of smart card.
c) Your Lordships may be pleased to issue a writ of certiorari or the writ of mandamus or writ in a nature by calling for the details as to the amount so far collected by the respondent authorities in the pretext of smart card and whether any amount is invested to purchase the machine for the purpose of reading smart chip on the smart card.
d) Your Lordships may be pleased to issue directive upon the respondent authorities to issue smart card with or without chip at the equal price at par with the cost of issuance of the cards like PAN card, Adhar Card, ID card could as could availed by the Citizen.
e) Your Lordships may be pleased to issue direction upon the respondent authorities to assess the amount so far collected by the department and not invested the same in purchase of machine to read the data on the smart chip on smart card i.e. license after the introduction of the modernized system of issuing smart card to the driving license holder.
f) Your Lordship may be pleased to grant any other and further relief as may be deem fit and proper in the interest of justice.”
2. The case made out by the petitioner may be summed up thus :
2.1 The respondent no.1 viz. the Road & Transport Department of the State Government has introduced a system of issue of Smart Card/Driving Licence to the License holder fitted with a small electronic device i.e. a smart chip. It is a new measure of modernized way of issuing driving licence called a “Smart Card”.
2.2 At the time of issue of such Smart Card, it is represented by the authorities that the smart card contains the necessary details about the licence holder including the details regarding the date of issue of the licence and the date of expiry of the licence. The smart card also contains a electronic gadget i.e. electronic chip which would contain certain information not known to the person holding such a smart card.
2.3 According to the petitioner the issue of smart card would cost about Rs.200/-as against the issue of licence in the form of a small book and the cost of such book would be around Rs.50/-. The extra amount which is being recovered is on the premise that the State Government incurs a cost of about Rs.200/-for the issue of a smart card. The grievance of the petitioner is that the earlier mode of issue of a book has been discontinued with an introduction of the smart card at the cost of almost 2 ½ times. In the market there are competitors who are ready to supply large quantity of smart cards at a cheaper rate anywhere between Rs.00 to Rs.95/-. The extra amount of Rs.140/-which is being charged for the electronic gadget i.e. the chip is of no use. Although the smart card contains a micro processor chip, yet the State Government has not been able to provide for any machine or device through which the Officers of the Department can have access to the information stored in the chip.
2.4 The Government has not purchased machines to read the information by means of decoding the digits on the smart chip.
2.5 The Government has no idea regarding the technology available by which the information stored
