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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
All Kerala Motor Driving School Instructors and Workers Association - Appellant
Versus
The Transport Commissioner, Thiruvananthapuram - Respondent
W.P. (C) Nos. 10615, 10644, 10798, 13187, 16622, 16737, 17530, 20210 of 2024
Decided On : 16-07-2025
(A) Motor Vehicles Act, 1988 - Sections 12 and 59 - Challenging Circular No.4/2024 issued by the Transport Commissionerate - Restrictions imposed on driving tests and vehicles older than 15 years for driving schools - Overreach by State Government into Central powers highlighted. (Paras 6 , 12 , 31 , 33 )
(B) Driving Tests - The requirement of fitting dash cameras and age of vehicles maintained contrary to Central regulations - Provisions relating to candidates and qualifications upheld but specific guidelines should adhere to existing Central rules. (Paras 35 , 38 , 37 )
Facts of the case:
Petitioners challenge the Circular issued by the State Transport Department imposing new requirements and restrictions on Driving Schools and driving tests, arguing they infringe upon Central Government's authority under the Motor Vehicles Act, 1988.
Findings of Court:
The instructions that go against the rule-making authority of the Central Government under Sections 12 and 59 of the Act are set aside; however, some provisions enhancing driving test procedures are upheld.
Issues: The primary issue is whether State regulations encroach on Central authority in setting rules for driving schools and tests.
Ratio Decidendi: The Court ruled that regulations concerning driving schools and tests fall under the Central Government's jurisdiction; any attempt by the State to enforce contradictory rules is therefore invalid.
Result: The Circulars are partially set aside, and the writ petitions are disposed of.
| Table of Content |
|---|
| 1. challenge to circular affecting driving schools (Para 3) |
| 2. authority under the motor vehicles act (Para 6 , 7 , 8 , 9 , 10) |
| 3. judiciary’s ruling on regulatory capacity (Para 30 , 31 , 32) |
| 4. disposal of writ petitions (Para 38) |
JUDGMENT :
N. NAGARESH, J.
1. Petitioners in all these writ petitions are owners of Driving Schools. In certain writ petitions, aspirants for Driving Licence also are petitioners. The petitioners challenge Circular No.4/2024 dated 21.02.2024 issued by the Transport Commissionerate of the Government of Kerala, which has been issued with the intention to make Driving Licence Tests more effective. Unless otherwise specified, the parties and exhibits are referred to in this judgment as they are described/marked in WPC 17530/2024, for convenience.
2. Circular No.4/2024 brings about the following changes/additions in Driving Licence Tests:
(1) For Driving Tests for “motor cycle with gear” only motorcycles with leg-gear selection and more than 95 CC engine capacity should be used.
(2) The vehicles now included in Driving School Licences, which are more than 15 years old, should be removed before 01.05.2024 and instead, vehicles less than 15 years old should be included in the licences.
(3) For Driving Test for Light Motor Vehicles, vehicles with automatic gear/ automatic transmission and electric vehicles shall not be used.
(4) The Part-2 Road Tests for motorcycles should be conducted on roads having traffic.
(5) For the Driving Test Part-1 (Ground Test) of Light Motor Vehicles, angular parking, parallel parking, zig-zag driving and gradient tests should be included and modified as given in Annexure-1 Form. This instruction should be brought into force with effect from 01.05.2024.
(6) Driving Tests to be jointly conducted by one MVI and one AMVI per day, is limited to 30. Out of these, 20 should be new applicants and 10 should be candidates who failed earlier. If 10 failed candidates are not available, such deficient number can be allotted to those who could not appear for Test earlier, on priority basis.
(7) Number of applicants to appear for Learner’s Test should be proportionately fixed, considering the number of applicants for Driving Test as stated afore.
(8) The Driving School owner should fit Dashboard Camera and Vehicle Location Tracking Device (VLTD) for test recording, in the LMVs used by the Driving School. The MVI should retain the Memory Card in which Test is recorded, the data should be transferred to Office Computer and then return the Memory Card. Data should be preserved for three months in Office. This instruction should be implemented from 01.05.2024.
(9) Where the Part-1 Driving Test of Light Motor Vehicles is conducted in Computerised Driving Testing Track, angular parking, zig-zag driving and gradient test should be examined in separate track.
(10) Candidates who have secured the qualification of Motor Mechanic or Mechanical Engineering from institutions having approval of the Central and State Governments and from the Boards under the Technical Education Department of the Government after undergoing a regular course, should be considered for appointment as Driving School Instructor.
3. Ext.P1 Circular No.4/2024 was issued on 21.02.2024. Soon thereafter, the Government issued Ext.P2 GO dated 04.05.2024 approving certain instructions. By Ext.P2 GO, the daily limit of applicants for Driving Tests (Sl. No.6 above) was enhanced from 30 to 40 Driving Tests, bifurcating 25 Tests for new applicants and 10 for re-tests. Five numbers are set apart for those who need Driving Licence urgently for going abroad for education or employment and for Non Resident Indians.
4. By Ext.P2 GO, the MVIs were assigned the duty to conduct Road Tests and AMVIs, the Ground Test. Use of Dual Clutch and Break vehicles (Dual Control System) were prohibited from usage for Driving Tests. Three months time was granted for installing Dash Board Camera and VLDC and six months time for replacing 15 years old vehicles. The
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