INDIRA BANERJEE, J.

1. This writ petition, purportedly in public interest, filed by the All India Confederation of Goods Vehicle Owners Association, is directed against a memorandum of the Additional Director General of Police, State Traffic Planning Cell, being C.No.124/Camp/ADGP-STPC/2017, dated 24.08.2017, which is extracted herein below:

"Enclosed please find a copy of the letter received from the Transport Commissioner, Government of Tamil Nadu where in has instructed to prosecute those persons who are found to be driving without license. The prosecution of drivers driving without licenses should be launched under sections 130 and 171 of MV Act, 1988.

It may be noted that Government has already made it mandatory to carry ORIGINAL Driving license while driving vehicles with effect from 1st September 2017."

2. In the affidavit in support of the writ petition, affirmed by Rajindhar Singh claiming himself to be the General Secretary of the All India Confederation of Goods Vehicle Owners Association, it is stated that goods vehicles ply in the country with necessary permit. There can be no doubt that a permit is necessary to operate a goods carriage. However, incidents of vehicles plying without permits are not unknown.

3. The main thrust of the challenge to the said memorandum is that drivers of goods vehicles cannot be prosecuted for not carrying their driving licences.

4. Section 3 of the Motor Vehicles Act, 1988 provides that no person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle, and no person shall so drive a transport vehicle other than a motor cab or motor cycle hired for his own use or rented under any scheme made under sub-section (2) of section 75, unless his driving licence specifically entitles him so to do.

5. Sections 4, 5 and 6 of the Motor Vehicles Act, 1988 provide as follows:

"Section 4. Age limit in connection with driving of motor vehicles.-

(1) No person under the age of eighteen years shall drive a motor vehicle in any public place:

Provided that a motor cycle with engine capacity not exceeding 50 cc may by driven in a public place by a person after attaining the age of sixteen year.

(2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place.

(3) No learner’s licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.

Section 5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4.-

No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 section 4 to drive the vehicle.

Section 6. Restrictions on the holding of driving licences.-

(1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner’s licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle.

(2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person.

(3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive."

6. The requisite eligibility for driving a motor vehicle is that the driver should be at least 18 years of age. The minimum age for driving a transport vehicle is 20 years.

7. Section 9 of the Motor Vehicles Act, 1988 provides as follows:

"Section 9. Grant of driving licence.-

(1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing author