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2013 Supreme(Ker) 496
High Court of Kerala
A.M. SHAFFIQUE, J.
Secretary, All Kerala Motor Driving School Instructors & Workers Association
Versus
The State of Kerala, represented by its Secretary, Transports & Others
WP (C).No. 19653 of 2013 (F)
Decided on : 29-08-2013
For the Petitioner:Kurian George Kannanthanam, Senior Advocate, Jiji Thomas, Mrs. Smitha Mathew, Advocates.
For the Respondents: R1 to R4, P.M. Saneer, Senior Government Pleader.
The circular did not violate Section 8(1) of the Motor Vehicles Act, as it only pertained to changing the address for the driving test center.
Headnote:
Motor Vehicles Act - Driving Licence - Circular not violating Section 8(1)
Fact of the Case:
The petitioner challenged a circular that restricted enrolling in driving schools based on residency or business location. The circular was issued due to irregularities in changing driving test centers.
Finding of the Court:
The court found that the circular did not violate Section 8(1) of the Motor Vehicles Act, as it only pertained to changing the address for the driving test center.
Issues: The issues revolved around the validity of the circular in relation to Section 8(1) of the Act and a conflicting notice restricting learner's licence applications based on residency.
Ratio Decidendi: The court held that the circular did not violate Section 8(1) as it only addressed changing the address for the driving test center, while the conflicting notice was found to be against Section 8(1) and was quashed.
Final Decision: The court clarified that the circular did not impede the right to apply for a learner's licence under Section 8(1) and quashed the conflicting notice.
1. The petitioner challenges Exts.P1 and P2 in so far as a direction is issued by the respondent authorities for enrolling the persons in the driving school only if they are residing or carrying on business in the place where the concerned driving school is located. The facts as disclosed would indicate that the petitioner is an association of All Kerala Motor Driving School Instructors and Workers. According to them, by virtue of Section 8 of the Motor Vehicles Act (hereinafter referred to as 'the Act'), any person can apply for a driving licence to the licencing authority having jurisdiction in the area in which he ordinarily resides or works or where the driving school is situated.
2. The complaint of the petitioner is that by Ext.P1, the right to apply for learners driving licence within the jurisdiction of a particular area where the driving school is situated is barred or prevented. The petitioner also has produced Ext.P2, a notice which appeared in the office of the Thalassery Joint Regional Transport Officer which refers to Ext.P1 inter alia indicating that the persons who apply for learners driving licence should either be a permanent resident of Thalassery Taluk or temporarily residing there on account of their employment for which documents are to be placed on record.
3. The learned Government pleader on instructions would submit that Ext.P1 came to be issued on account of certain factual situation by which it has come to the notice of the department that many candidates are applying for changing the driving test centre without justifiable reason and with some ulterior motives. Hence in continuation of Circular No.04 of 2013 following instructions have been given for strict compliance of the same.
"1. The change of address or temporary enrolment in any driving school shall not be entertained except in the case of those who reside or stay for official or business purpose in the jurisdiction of that testing centre.
2. For changing the date of driving test, the applicant shall submit request for changing the date of driving test before the Licensing Authority/Additional Licensing Authority by stating the specific reasons for the same. Date of driving test shall not be proponed without specific reason and proof."
Further it is stated that changing the date of driving test without specific reason and including more candidates for driving test than the permitted number will be viewed seriously.
4. Ext.P1 indicates that the Transport Commissioner had come to know about certain irregularities that were happening in the matter relating to changing driving test centres without any justifiable reason. In that view of the matter, it was indicated that the change of address or temporary enrolment in any driving school shall not be entertained except in the case of those who reside or stay for official or business purpose in the jurisdiction of that test centre. Hence what is contemplated by the Circular is only the change of address or temporary enrolment in the driving school. It does not intend to violate any proision under Section 8 of the Motor Vehicles Act and this Circular cannot be meant to violate the said provision also. Section 8(1) reads as under:
"8. Grant of Learner's licence:-
(1) Any person who is not disqualified under Section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of Section 7, apply to the licensing authority having jurisdiction in the area -
(i) in which he ordinarily resides or carries on business, or
(ii) in which the school or establishment referred to in Section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner's licence."
5. There is no doubt about the fact that the Transport Commissioner did not intend to violate Section 8(1). It clearly provides that any person who is not disqualified by any of the provision
