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Driving School Owners Samithi – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. All these writ petitions have been filed challenging Circular No. 4/2024 dated 21/2/2024 issued by the Transport Commissioner of Kerala. As per the Circular, key changes were made and new regulations were introduced for driving test. WP (C) Nos.10798/24, 16737/24 and 16622/24 have been filed by the owners of the driving schools imparting training in driving. WP (C) No. 10615/2024 has been filed by All Kerala Motor Driving School Instructors and Workers Association and WP (C) No. 10644/2024 has been filed by the registered organization representing the motor driving schools in the State. WP (C) No. 13187/2024 has been filed by an applicant who applied to obtain a driving licence.
2. The learned counsel for the petitioners submitted that the new Circular would be implemented from 2/5/2024 onwards and they pressed for an interim order to stay the implementation of the same. Hence, the learned counsel for the petitioners as well as the learned Government Pleader were heard on the interim relief sought.
3. The petitioners mainly challenged the Circular as one issued without authority and violates various provisions of the Motor Vehicles Act and Rules. The learned counsel for the
The Transport Commissioner has the authority to issue regulations for driving tests that align with the Central Motor Vehicles Rules, emphasizing public safety.
State regulations on driving schools must align with Central Government authority, emphasizing central jurisdiction over licensing and testing standards.
The court upholds the authority's power to impose safety conditions on school bus permits under the Motor Vehicles Act.
The State Transport Authority possesses statutory authority to impose safety regulations on transport vehicles, prioritizing public safety over procedural rights of individual permit holders.
State Government lacks authority to impose vehicle age limit for permit issuance under the Motor Vehicles Act, 1988; such power is vested solely with the Central Government.
The State Government lacks authority to issue circulars imposing vehicle age limits for permit renewals, a power reserved for the Central Government under the Motor Vehicles Act, 1988.
Administrative circulars cannot impose conditions exceeding statutory provisions, as seen with the Transport Commissioner's circulars that conflicted with the Motor Vehicles Act.
Administrative circulars cannot impose conditions not present in the statute; any amendments must be made through legislative processes.
Circulars imposing additional registration requirements on financiers contravene the Motor Vehicles Act, as statutory provisions cannot be overridden by executive orders.
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