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1999 Supreme(Ker) 580

K.A.ABDUL GAFOOR
Tom Kuriachan – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K.A. Abdul Gafoor, J.

1. The petitioner's application for appointment to the post of Assistant Motor Vehicles Inspector was rejected on the ground that he did not have the driving licence as on the last date for submitting the application, namely 30-8-95. The notification Ext.P1 requires driving licence to drive motor cycles for being considered for selection. In such circumstances rejection of the application cannot be said to be arbitrary. The petitioner contends that such insistence of the licence is contrary to the special rules relating to the Kerala Transport Subordinate Service, Ext.P8 Rules. The said special rules do not require such a driving licence. Therefore, insistence of the licence in Ext.P1 is arbitrary, the petitioner submits. In an earlier notification Ext.P9, such a licence was not insisted.

2. It is true that special rules do not provide, for possession of such licence for appointment of Assistant Motor Vehicles Inspector. The special rules are issued under S.2 of the Kerala Public Services Act, 1964.

3. Later, new Motor Vehicles Act has been promulgated as Motor Vehicles Act, 1988. S.213 of the said Act enables the Central Government to issue notification







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