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2026 Supreme(Online)(Ker) 10292
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SARATH. M.S. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 26263 OF 2025
For the Appellants/Petitioners: SMT.ANUROOPA JAYADEVAN
For the Respondents: SRI.R.REJI KUMAR, SRI.P.R.JAYAKRISHNAN, SMT.ANJANA REJI
The court reaffirmed the significance of moral character and qualifications in the renewal of licenses for motor driving schools.
Headnote:The Licensing Authority, in evaluating the renewal application for a motor driving school, considers good moral character and qualifications of the applicant as specified in Central Motor Vehicle Rule 24(3). The petitioner had license renewal issues due to observations of irregularities and pending criminal inquiries. The court ordered that renewal applications be processed within one month following the opportunity for the petitioner to rectify any outstanding irregularities.
Result: The writ petition is disposed of as above.
| Table of Content |
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| 1. licensing authority evaluates character and qualifications. (Para 1 , 2) |
| 2. pending criminal inquiries impact license renewal. (Para 3) |
JUDGMENT
The petitioner was granted a licence to conduct a motor driving school in the year 2015, which was renewed from time to time, the latest of which was upto 14.01.2025, as seen from Ext.P1. The petitioner complains that no final orders have been passed on Ext.P4 renewal application so far.
2. A statement has been filed on behalf of the 2nd respondent, which reads as follows:-
“As per the report of Joint Regional Transport Office Punalur on 07.02.2025, the following irregularities were detected.
a. The Motor Driving School provides Tarpaulin sheet for whether proof as a temporary arrangement.
b. Current non involvement in offence certificate (Police Clearance Certificate) not produced. Date of issue of non involvement in offences certificate is only up to 15.11.2024.
6. It is submitted that an intimation was also received from one Smt Rathi R, who registered a case against the petitioner U/s 354 A at Judicial First Class Magistrate Court - 1, Punalur vide case No.CC/0100091/2025.
7. It is submitted that as per Central Motor Vehicle Rule 24(3) :-
The Licensing Authority shall, when considering an application for the grant or renewal of a Licence under this rule, have regard to the following matters, namely, i. The applicant and the staff working under him are of good moral character and are qualified to give driving instructions.
8. It is submitted that as a procedure of Renewal of Driving School, a notice for personal hearing sent to the petitioner through registered post on 15.02.2025 to appear before this Licensing Authority with the production of all original documents along with Police Clearance Certificate and the details of CC/0100091/2025. But the petitioner has yet not appeared in person before this Authority.”
3. The learned counsel for the petitioner submits that the criminal proceedings initiated against the petitioner stand stayed. On the petitioner curing the irregularities stated above and producing the proof of the criminal proceedings having been stayed, the 2nd respondent will consider the application for renewal with notice to the petitioner and after affording an opportunity of hearing, pass final orders on the renewal application in accordance with law within one month from the date of receipt of a copy of this judgment. If any further documents are required from the petitioner, the said respondent shall also inform the petitioner to produce the same.
The writ petition is disposed of as above.
Sd/-
