2017 Supreme(Ker) 493
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, J.
K.N.MOHANAN – PETITIONER
Versus
STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY AND ORS. – RESPONDENTS
W.P.(C) Nos.7243, 8079 & 10347 of 2017
Decided On : 03-04-2017
For the Petitioner: SRI. T. SANJAY, SRI. M. PREMCHAND
For the Respondent: SRI. P. SANTHOSH KUMAR, SRI. N. NAGARESH, SRI. KRISHNADAS P.NAIR
The main legal point established in the judgment is that the revised guidelines for driving tests were issued in public interest to reduce road accidents, and the petitioners lacked locus standi to challenge the circular. The court also addressed the grievances of applicants who obtained learner's licences prior to the introduction of the revised guidelines, extending the implementation period to allow them more time to qualify the test.
Headnote:
Circular No.5/17 - Challenge to Revised Guidelines for Driving Tests - Central Motor Vehicles Rules - Rule 15(3) - The court considered the revised guidelines for conducting driving tests, the criteria prescribed by Rule 15(3) of the Central Motor Vehicles Rules, and the public interest in reducing road accidents. The court found that the revised guidelines were issued in public interest to minimize road accidents and that the petitioners lacked locus standi to challenge the circular. The court also addressed the grievances of applicants who obtained learner's licences prior to the introduction of the revised guidelines, extending the implementation period to allow them more time to qualify the test.
Fact of the Case:
The writ petitions challenged Circular No.5/17 issued by the Transport Commissioner prescribing revised guidelines for conducting driving tests. The petitioners argued that the directions in the circular were contrary to Rule 15(3) of the Central Motor Vehicles Rules and that dedicated testing tracks were required for implementation. They sought directions to carry on driving tests in accordance with the guidelines existing prior to the circular or to allow candidates with learner's licences obtained before the circular to undergo tests under the pre-revised guidelines.
Finding of the Court:
The court found that the revised guidelines were issued in public interest to reduce road accidents and that the petitioners lacked locus standi to challenge the circular. It also addressed the grievances of applicants who obtained learner's licences prior to the introduction of the revised guidelines, extending the implementation period to allow them more time to qualify the test.
Issues: The issues involved the challenge to the revised guidelines for driving tests, the requirement of dedicated testing tracks, and the grievances of applicants who obtained learner's licences before the introduction of the revised guidelines.
Ratio Decidendi: The court held that the revised guidelines were issued in public interest and that the petitioners lacked locus standi to challenge the circular. It also extended the implementation period of the revised guidelines to address the grievances of applicants who obtained learner's licences before the introduction of the revised guidelines.
Final Decision: The writ petitions were disposed of, directing that the implementation of the impugned circular shall be deferred till 15.5.2017.
These writ petitions are instituted challenging Circular No.5/17 issued by the Transport Commissioner prescribing revised guidelines for conducting driving tests. According to the petitioners, directions contained in the impugned circular are contrary to the provisions contained in Rule 15(3) of the Central Motor Vehicles Rules. It is also the case of the petitioners that dedicated testing tracks are required for implementing the guidelines contained in the impugned circular; that among the testing centres/grounds in the State, the Government owns only 4 and the remaining centres/grounds are either owned by local authorities or private individuals; that the testing centres/grounds other than the centres/grounds owned by the Government are grounds which are being used for other purposes also and that the licensing authorities in the State will not, therefore, be in a position to grant licences, if the directions contained in the impugned circular are implemented. It is also the case of the petitioners that thousands of applicants for driving licence have already obtained learner's licences; that a learner's licence issued is valid for a period of six months; that a learner's licence holder is entitled to undertake the driving test after a period of 30 days and that in the light of the impugned circular, applicants for driving licence who have already obtained learner's licence prior to the impugned circular have lost the benefit of the time provided for under the rules to undergo the test and obtain licence, for, all such persons have now to undergo training to obtain licence in accordance with the revised guidelines introduced as per the impugned circular. The petitioners, therefore, seek directions to the respondents to carry on and conduct driving tests in accordance with the guidelines existed prior to the impugned circular. Alternatively, they seek directions to the respondents to allow all candidates who have obtained learner's licences prior to the introduction of the impugned circular to undergo driving tests in accordance with the pre-revised guidelines.
2. A statement has been filed by the Transport Commissioner in W.P.(C) No.7243 of 2017 as directed by this Court.
3. Heard the learned counsel for the petitioners and the learned Special Government Pleader.
4. It is seen from the statement filed by the Transport Commissioner in W.P.(C) No.7243 of 2017 that the impugned guidelines have been issued having regard to the alarming increase in the road accidents taking place in the State. It is stated that one of the main causes for the road accidents is lack of driving expertise. It is also stated that the Government of India is anxious about the steady increase in the road accidents and have issued directions to all States to improve the standards of driving tests. The relevant portion of the letter issued by the Government of India to the State Governments is also extracted in the statement. The relevant portion of the letter of the Central Government as extracted in the statement reads thus :
"Grant of driving license is a reason for permitting use of motor vehicles on the road. Hence strengthening the process of granting driving license can help minimize road accidents. It is of utmost importance that the drivers are aware of Road Safety Rules and are issued driving licenses only after proving their competence as stipulated in M.V.Act. License issuing Authorities must put in place a robust system for competent evaluation to ensure that only eligible applicants pass the driving test."
It is, therefore, clear that the revised guidelines have been issued in public interest with a view to reduce road accidents. The contentions raised by the petitioners, in the circumstances, have to be considered keeping in mind the said fact.
5. Petitioners are persons running driving schools. The impugned circular is one which prescribes revised guidelines for conducting driving test. It has nothing to do with the driving schools or t