Judgment :- C.S. Rajan, J. The first respondent invited applications for the post of Assistant Motor Vehicle Inspectors. Pursuant to the above notification the petitioner appointed. But his application was rejected by Ext. P-8 on the ground that the petitioner did not satisfy the conditions stipulated in the notification. The petitioner was allowed to participate in the interview subject to further orders from this Court. The ranked list prepared pursuant to the interview shows that the petitioner's result was withheld presumably due to the pendency of this Original Petition. 2. The qualification which the petitioner does not possess, according to the P.S.C. is a licence authorising him to operate Heavy Goods Vehicle and Heavy Passenger Vehicle as insisted in the notification. 3. Ext. P-9 licence issued by the Transport Authorities shows that the petitioner is having the authority to drive light transport vehicles, heavy transport vehicles and heavy motor vehicles. The above licence was issued on 24.6.1983. According to the petitioner, he fully satisfies the requirements of qualification mentioned in Ext. P-1 notification. In order to appreciate the above argument it is necessary to refer to the definitions of 'transport vehicle', 'goods carriage', 'Heavy goods vehicle' and 'heavy passenger motor vehicle'. The definitions of these vehicles as contained in the Motor Vehicles Act, 1939 were as follows: "2 (33) 'transport vehicle' means a public service vehicle or a goods vehicle. 2(8) 'goods vehicle' means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers. 2(9) 'heavy goods vehicle' means any goods vehicle the registered laden weight of which, or a tractor the unladen weight of which, exceeds 11,000 kilograms. 2(9A) 'heavy passenger motor vehicle' means any public service vehicle or omnibus the registered laden weight of either of which or a motor car the unladen weight of which, exceeds 11,000 kgs." 4. The definitions of these vehicles in the Motor Vehicles Act, 1988 are as follows: "2(47) 'transport vehicle' means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.
The definitions of these vehicles in the Motor Vehicles Act, 1988 are as follows: "2(47) 'transport vehicle' means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. 2(14) 'goods carriage' means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; 2(15) 'goods vehicle weight' means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle. 2(16) 'heavy goods vehicle' means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either or which exceeds 12,000 kilograms. 2(17) 'heavy passenger motor vehicle' means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kgs." 5. Ext. P-1 notification says that a candidate must have a driving licence authorising him to drive heavy goods vehicle and heavy passenger motor vehicle. According to 1988 Act, heavy goods vehicle and heavy passenger motor vehicle mean any goods carriage or any public service vehicle or private service vehicle whose unladen weight exceeds 12,000 kgs. The transport vehicle includes both public service vehicle and goods carriage. A heavy passenger motor vehicle includes any public service vehicle. A goods carriage is a motor vehicle constructed or adapted for use solely for the carriage of goods. Heavy goods vehicle means any goods carriage vehicle whose gross unladen weight exceeds 12,000 kilograms. A reading of these definitions together and understanding them in the background of definitions under the earlier enactment lead to the following conclusion. If a person is in possession of licence to drive a heavy transport vehicle, it means he can drive both public service vehicle and goods carriage. If he is authorised to drive public service vehicle that ropes in heavy transport passenger also. If he is authorised to drive transport vehicle, he can drive a heavy goods carriage which in turn takes in heavy goods vehicle also. The confusion arose because of a slight change in the definitions in the Motor Vehicles Act, 1938 and of 1988. Perhaps the authorities who issued Ext.
If he is authorised to drive transport vehicle, he can drive a heavy goods carriage which in turn takes in heavy goods vehicle also. The confusion arose because of a slight change in the definitions in the Motor Vehicles Act, 1938 and of 1988. Perhaps the authorities who issued Ext. P-9 licence were concerned with the definitions in the earlier enactment. Therefore, it was thought that it is enough to authorise a person to drive heavy transport vehicles and heavy motor vehicles. Since the transport vehicle embraces both heavy goods vehicle and heavy passenger motor vehicle, by virtue of its definition, it cannot be said that the petitioner is not having required qualification. Ext. P-1 notification took into consideration the definition of heavy goods vehicle and heavy passenger motor vehicle as contained in 1988 Act. But while dealing with the matter in Ext. P8 the P.S.C. did not take into consideration the definition of "transport vehicle" in S.2(47) which I already mentioned including both public service vehicle and goods carriage. 6. It was argued on behalf of the P.S.C. that the petitioner, who obtained licence in the year 1983 and did not possess the endorsements for heavy goods vehicles and heavy passenger vehicles, cannot claim the benefit of the 1994 amendment which came into force with effect from 10.11.1994. The petitioner not having the separate endorsement regarding heavy goods vehicles and heavy passenger vehicles in the driving licence was not qualified. In view of what I have stated after analysing the various definitions of these vehicles, the above stand of the P.S.C. is not legally sustainable. I may also note that it is not a case where the petitioner is not having the qualifications prescribed in Ext. P-1 notification. In fact the petitioner is having the qualifications to drive both heavy passenger vehicles and heavy goods vehicles by virtue of the endorsement in Ext. P-9. Merely because the petitioner did not have separate endorsement, it does not mean that the petitioner does not possess the above qualification. As already held by me the endorsement'heavy transport vehicles' take both heavy passenger vehicles and heavy goods vehicles. Under these circumstances, I quash Ext. P-8. The claim of the petitioner for selection and inclusion in the ranked list must be considered in accordance with the marks obtained in the test and interview. Original Petition is disposed of as above.