Judgment :- Heard the learned counsel appearing for the parties. 2. This writ petition has been filed by the proprietor of a Driving School established in Madurai. 3. Two Regional Transport Offices have been established in Madurai, known as Madurai North and Madurai South, having separate territorial jurisdiction. The petitioner has filed this writ petition seeking for a direction to the respondents to adhere to the procedure prescribed under the Motor Vehicles Act,1988 (hereinafter referred to as the Act) and the Central Motor Vehicles Rules,1989 (hereinafter referred to as the Rules) in the matters relating to the disposal of the application for learner's licence and driving licence uninfluenced by the minutes of Monthly Review Meeting of the Regional Transport Officer held at Chennai on 18-05-1999. The relevant resolution passed in the aforesaid meeting is extracted hereunder: "i) Fixing No.of instructors in the Driving Schools: As per rule 24 of CMV Rule 1989 licences are granted to establish or maintain any driving school or establishment for imparting instructions for hire or rewards in driving motor vehicles. In many driving schools there are more than 2 vehicles for imparting training, and there is only one instructor available. Many schools are having more than 4 or 5 vehicles for imparting training and do not have more than 2 instructors. Such a training is not possible and it is decided in the meeting that at least for one car and one motor cycle there must be one instructor. If there are more than one Motor car and one motor cycle more number of instructors should be provided in the driving school. ... ... ... (iii) As per Section 8(1)(i) and 9(1)(i) both the permanent and temporary address should be given in the licence. It was discussed that the address of the driving school given as temporary address need not be considered,since the school is only giving training and nobody can reside in the school. It was decided that allowing the driving school address in the licences as permanent may be discouraged." 4. Even though the petitioner has not formally prayed for quashing such resolutions, he has prayed that the matter relating to establishment of driving school and the matter relating to grant of learner's licence or permanent licence should be considered in accordance with the provisions of the Act and the Rules and without being influenced by the aforesaid resolutions. Even though the petitioner has not formally prayed for quashing such resolutions, he has prayed that the matter relating to establishment of driving school and the matter relating to grant of learner's licence or permanent licence should be considered in accordance with the provisions of the Act and the Rules and without being influenced by the aforesaid resolutions. 5.Section 8 of the Act, relates to grant of learner's licence and Section 9 relates to grant of driving licence. Section 8(1) and Section 9(1) of the Act are extracted hereunder: "8.Grant of learner's licence-- (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area— (i) in which he ordinarily resides, or (ii) in which the school or establishment referred to in Section 12 from where he intends to receive instruction in driving a motor vehicle is situate,for the issue to him of a learner's licence. 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 authority having jurisdiction in the area-- (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence." 6. A bare perusal of Section 8(1) and Section 9(1) of the Act makes it clear that the application for obtaining learner's licence or a driving licence as the case may be, has to be made before the licensing authority having jurisdiction. Sub Clause (i) of Section 8(1) and sub clause (i) of Section 9(1) are similar in nature. These two provisions envisage that application has to be made before the licensing authority having jurisdiction in the area wherein the applicant ordinarily resides. The other sub clauses, namely, Section 8(1)(ii) and Section 9(1)(ii) on the other hand envisage that the application can be filed before the licensing authority having jurisdiction over the area in which such school or establishment is situated from where the applicant intends to receive instruction or has received instruction. 7. The other sub clauses, namely, Section 8(1)(ii) and Section 9(1)(ii) on the other hand envisage that the application can be filed before the licensing authority having jurisdiction over the area in which such school or establishment is situated from where the applicant intends to receive instruction or has received instruction. 7. Learned counsel for the petitioner has contended that by insisting that the application for learner's licence or driving licence can be made only before the authority within whose jurisdiction the applicant is ordinarily residing, the respondents have taken away the effect of sub clause (ii) of Section 8(1) or sub clause (ii) of Section 9(1). The aforesaid submission of the learned counsel for the petitioner appears to be reasonable. The provisions contained in the Act and the Rules contemplate that a person has the option to learn driving in what is popularly known as driving school. Such driving school has to be established in accordance with Section 12 and the Rule 24 of the Central Motor Vehicles Rules,1989. A person, who intends to learn driving or has learnt driving in such a driving school has the option of filing application for learner's licence or driving licence as the case may be before the licensing authority, within whose jurisdiction the driving school has been established. It has to be noticed that the two sub clauses namely, Section 8(1)(i) and 8(1)(ii) or Section 9(1)(i) or 9(1)(ii) are not conjunctive in nature but are disjunctive. Therefore, a person who is learning in a driving school or has under gone training in a driving school can file an application before the licensing authority, within whose jurisdiction such school has been established. It is not necessary that he must file the application before the licensing authority in whose jurisdiction he is ordinarily residing. There is no bar either in the Act or in the Rules to the effect that person who is resident of one area or one district cannot go to a driving school in any other district or any other area and such person obviously has the option of filing an application for issuance of driving licence either before the authority within whose jurisdiction the applicant was ordinarily residing or before the licensing authority in whose jurisdiction the driving school has been established, from which he has received instruction. Therefore, on the basis of the resolution in the monthly meeting, the licensing authority cannot insist that a person, who has learnt driving within the area of another licensing authority would not be eligible to receive the licence merely because he is not a permanent or temporary resident of the area in which the driving school has been established. 8. The aforesaid view is supported by a decision of the Allahabad High Court, reported in JAIN MOTOR DRIVING TRAINING COLLEGE Vs. DEPUTY TRANSPORT COMMISSIONER (AIR 1993 Allahabad, 65). 9. The next contention is relating to insistence of authorities to have separate instructor for each vehicle. As per the resolution, there should be at least one instructor for each case. This resolution is again not in accordance with any of the conditions prescribed either in the Act or in the Rules. Even though a particular Driving school may have more than one car, it is not justified on the part of the licensing authority to insist that for each car there should be a separate instructor. Of course, this is not to suggest that at the time of imparting instruction in a particular vehicle there should not be any instructor. Whether more than one instructor would be appointed or not is a matter dependent upon the number of students and it cannot be insisted that the number of instructor must be same as number of cars. Even if a particular driving school has four cars it is possible that all the cars would not be in use for imparting instructions simultaneously. Therefore, the number of instructors in a particular driving school is a matter of discretion or volition of the proprietor of the Driving School. If he has got number of students students it will be natural to have more number of instructors. Merely because he has got more cars than one, he need not have more than one instructor. However, at the time of imparting instructions, there must be an instructor in such vehicle, and if at any time any particular vehicle is used for imparting instruction without the presence of an instructor, obviously it would be considered as violation of rules; giving rise to legal consequences, for which even the licence can be cancelled or suspended. 10. However, at the time of imparting instructions, there must be an instructor in such vehicle, and if at any time any particular vehicle is used for imparting instruction without the presence of an instructor, obviously it would be considered as violation of rules; giving rise to legal consequences, for which even the licence can be cancelled or suspended. 10. Learned counsel appearing for the petitioner also submitted that at the time of considering the application for licence, the temporary address given are being arbitrarily rejected. In view of the above clarification that any person can go to any driving school for the purpose of learning driving and thereafter he can file an application before the licensing authority either in accordance with Section 9(1)(i) or 9(1)(ii) of the Act, the question of giving temporary address recedes into background and even if a person is a permanent resident or temporary resident of some other area, if he has undergone training in a recognised driving school within a particular area, he can file the application before the licensing authority of such later area and his application cannot be rejected merely because his permanent residence or temporary address are of a different place. 11. Subject to the aforesaid clarification, the writ petition is disposed of. There will be no order as to costs.