IMPORTANT POINT
The Transport Commissioner has the authority to issue regulations for driving tests that align with the Central Motor Vehicles Rules, emphasizing public safety.

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 petitioners argued before me that the power to frame Rules and prescribing guidelines for conducting driving test and issuance of licence is vested only with the Central Government and the Transport Commissioner has no power or authority to issue any such Circular. Any executive order that is violative or inconsistent with the provisions of the Central Motor Vehicles Act and Rules will not have any legal footing, submitted the counsel. They have further submitted that if the impugned Circular is implemented, it will substantially affect the rights of the driving school operators as well as the aspirants for licence. The learned counsel appearing for the petitioner in WP (C) No. 13187/2024 additionally submitted that the petitioner therein has already obtained a learner's licence and is awaiting for his final driving test. Ext.P2 Circular seeks to apply retrospectively to him and those applicants who have passed their learner's test before 1/5/2024 while the current format of driving test was in existence to undertake the final driving test in a new format which is impermissible in law.

4. The challenge raised by the petitioners regarding the competency of the Transport Commissioner to issue the Circular in question is a larger issue to be decided in the writ petition. The question that arises for consideration now is whether the petitioners have made out a case for staying the implementation of the Circular.

5. Chapter II of the Motor Vehicles Act, 1988 deals with the driving of motor vehicles. Section 9 of the Act deals with the grant of driving licence and the test of competence in driving is conducted as per Rule 15 of the said Motor Vehicles Rules, 1989. Section 12 of the Act provides for the licencing and regulation of schools or establishments for imparting instruction in driving of motor vehicles. The driving training shall be in accordance with the syllabus prescribed in Rule 31 of the Central Motor Vehicles Rules. A perusal of the Circular would show that it is intended to streamline the procedure for the test of competence in driving in harmony with Rule 15 of the Central Motor Vehicles Rules prescribed for the conduct of the test of competence in driving the motor vehicles. Being the head of the Motor Vehicle Department as prescribed in Rule 405 of the Kerala Motor Vehicles Rules, 1989 formed under the provisions of Section 213 of the Motor Vehicles Act, the Transport Commissioner is competent to issue instructions which are not in violation of any of the provisions of the Act or Rules. Key changes in the Circular include limiting the number of driving test applicants supervised by a Motor Vehicle Inspector per day to 30. Additionally, vehicles with automatic gear transmission and electric vehicles are prohibited from use in the driving tes