Judgment 1. By consent of the learned counsel on either side, this writ petition itself is taken up for final disposal. 2. Heard Mr. A. Ganesan, learned counsel for the petitioner and Mr. M. Digvijaya Pandian, learned Additional Government Pleader for the respondents. 3. The challenge in this writ petition is to the impugned proceedings of the appellate authority in R.No.53901/H1/2010 dated 04.03.2011, where under, the appellate authority has rejected the request of the petitioner for transferring the Driving School Licence from his name to his son's name Thiru. A. Arokiya Selvam / 3rd respondent herein, on the sole ground, that there is no provision made under Section 24 of the Central Motor Vehicles Rules, 1989 (hereinafter referred to as 'the Rules'). Besides seeking to quash the said impugned order, the petitioner also sought for a direction to the 1st respondent to transfer the Driving School Licence to his son's name. 4. The facts leading to filing of this writ petition are as under: 1. The petitioner is running a Driving School in the name of Madha Driving School at Cuddalore for which the licence has been issued by the 1st respondent, which was valid upto 21.02.2012. Since the petitioner fell ill, it was not possible for him to run the Driving School, which resulted in filing of an application before the 1st respondent, requesting to transfer the Driving School Licence to the name of his son; 2. The said application was duly considered and rejected by the 1st respondent vide proceedings in R.No.29975/E3/2010 dated 06.08.2010, by indicating as to the non existence of the provisions under the Rules; 3. Aggrieved over the same, the petitioner preferred an appeal before the 2nd respondent on 04.03.2011, which also stood rejected vide R.No.53901/H1/2010 dated 04.03.2011, confirming the order of the 1st respondent; 5. The order of the appellate authority is questioned on the following grounds: i) that when the conditions mentioned in the Rules are fulfilled, the Licensing Authority is duty bound to transfer the licence; ii) that the licence in the name of the petitioner was issued by the 1st respondent only after fulfilment of the conditions laid down under the Rules; iii) that this Court in a similar case in W.P.No.29797 of 2008 directed the Licensing Authority to issue licence on compliance of the conditions laid down under the Rules; 6. The respondent has not filed any counter, explaining as to why the petitioner's claim has been rejected 7. However, learned counsel for the petitioner has suggested that in the light of the silent provisions under the Rules, the 1st respondent may be directed to consider the application of the petitioner on fulfilment of the conditions laid down under the Rules. 8. I have considered the submissions of the learned counsel for the petitioner and the learned Additional Government Pleader on the legal position and perused the impugned order passed by the appellate authority. 9. It is seen that the petitioner was running a Driving School in the name of Madha Driving School, situated at No.12C, Convent Street, Pudupalayam, Cuddalore, by holding a valid licence and the same has been granted by the Licensing Authority for a period between 22.02.2007 and 21.02.2012, and due to his illness, he decided to transfer the Driving School in the name of his son. For that purpose, he submitted an application with the 1st respondent, who, on due consideration of the same, rejected it vide proceedings R.No.29975/E3/2010 dated 06.08.2010, by stating that there is no provision under the Rules for transferring the Driving School Licence to another person. Thereafter, the petitioner has gone on appeal before the 2nd respondent. The appellate authority, after considering the entire records pertaining to the case ultimately came to the same conclusion as arrived at by the 1st respondent and confirmed the order of the 1st respondent. 10. It is pertinent to extract the legal position as contemplated under the Rules for grant of Driving School Licence, which reads as follows: "24. Driving schools and establishments. (1) No person shall establish or maintain any driving school or establishment for imparting instructions for hire or reward in driving motor vehicles without a licence in Form 11 granted by the licensing authority. (2) An application for the grant or renewal of a licence under sub-rule (1) shall be made in Form 12 or Form 13, as the case may be, to the licensing authority having jurisdiction in the area in which the school or establishment is situated and shall be accompanied by appropriate fee as specified in Rule 32. Explanation. (2) An application for the grant or renewal of a licence under sub-rule (1) shall be made in Form 12 or Form 13, as the case may be, to the licensing authority having jurisdiction in the area in which the school or establishment is situated and shall be accompanied by appropriate fee as specified in Rule 32. Explanation. For the purposes of this rule and rules 25 to 28 "licensing authority" means an officer not below the rank of the Regional Transport Officer of the Motor Vehicles Department established under section 213. Explanation. For the purposes of this rule and rules 25 to 28 "licensing authority" means an officer not below the rank of the Regional Transport Officer of the Motor Vehicles Department established under section 213. (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; (ii) the premises where the school or establishment is proposed to be conducted is either owned by the applicant or is taken on lease by him or is hired in his name and it has adequate provision for 53[conducting lecture and demonstration of models] besides adequate parking area for the vehicles meant to be used for imparting instructions in driving: Provided that in respect of schools or establishments imparting instructions in driving of motor vehicles or matters connected therewith immediately before the commencement of these rules, the licensing authority may permit the conducting of instruction facilities in the same premises where the school or establishment is housed for a period of six months, notwithstanding the fact that the premises do not satisfy the conditions laid down in this clause; (iii) the financial resources of the proposed school or establishment are sufficient to provide for its continued maintenance; (iv) the applicant owns and maintains a minimum of one motor vehicle each of the type in which instruction is imparted in the school or establishment; (v) the vehicles are available exclusively for purposes of imparting instruction and all such vehicles, except motor cycles, are fitted with dual control facility to enable the instructor to control or stop the vehicle; (vi) the applicant maintains the following apparatus, equipment and other requirements, namely: (a) a blackboard, (b) a road plan board with necessary model signals and charts, (c) traffic signs chart, (d) chart on automatic signals and signals given by traffic controllers where there are no automatic signals, (e) a service chart depicting a detailed view of all the components of a motor vehicle, (f) engine gear box, 54[brake shoe and drums] (except where the applicant desires to impart instruction in the driving of motor cycles only), (g) puncture kit with tyre lever, wheel brace, jack and tyre pressure gauge, (h) spanners (a set each of fix spanners, box spanners, pliers, screw drivers, screw spanners, and hammer), (i) driving instructions manual, (j) benches and tables for trainees and work bench, (k) [* * *] (l) [* * *] (m) a 56[collection] of books on automobile mechanism, driving, road safety, traffic regulations, laws relating to motor vehicles and related subjects (n) a fully equipped first-aid box for use in emergency at the premises; (vii) [* * *] (viii) The applicant or any member of the staff employed by him for imparting instructions possesses the following qualifications, namely: (a) a minimum educational qualification of a pass in the 10th standard, (b) a minimum driving experience of five years in addition to a certificate in a course in motor mechanics or any other higher qualification in mechanical engineering from an institution established by the Central or a State Government or from an institution recognised by the Board of Technical Education of a State Government, (c) thorough knowledge of traffic signs specified in the Schedule to the Act and the regulations made under section 118, (d) ability to demonstrate and to explain the functions of different components, parts of the vehicles, (e) adequate knowledge of English or the regional language of the region in which the school or establishment is situated: Provided that any person who has served as an instructor for a period of not less than five years immediately before the commencement of these rules, is exempted from the requirements of this sub-clause. (4) The licensing authority may, on receipt of an application under sub-rule (2) and after satisfying that the applicant has complied with the requirements of sub-rule (3), grant or renew a licence in Form 11 within a period of ninety days from receipt of such an application. (5) No application for licence shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the licensing authority." 11. The reading of the Rules would clearly show that there is no provision made for making any transfer of Driving School Licence from one person to another. The provision only speaks of selection of an efficient Driving Instructor as to the effect that the applicant or any member of the staff employed by him or imparting instructions is required to possesses a minimum educational qualification of a pass in the 10th standard, a minimum driving experience of five years , thorough knowledge in traffic signs, ability to demonstrate and to explain the functions of different components, parts of the vehicles, adequate knowledge of English or the regional language of the region in which the school or establishment is situated. The licensing authority may, on receipt of an application and on compliance of the requirements by the applicant, shall grant or renew the licence within a period of ninety days from receipt of such application and no application for licence shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal to be stated. 12. It is true that the Driving School Licence is being granted by the Licensing Authority to an applicant on scrutiny of fulfilment of certain requirements, such as educational qualification, knowledge, ability, experience etc. These aspects have been taken into consideration for granting licence only for the purpose of imparting good teaching in driving. Thus, transferring such licence to another person without verifying his educational qualification, experience, skill, ability, knowledge and other factors will amount to a mass destruction of society, as driving is not only connected with an individual, but also with the public in large. Thus, transferring such licence to another person without verifying his educational qualification, experience, skill, ability, knowledge and other factors will amount to a mass destruction of society, as driving is not only connected with an individual, but also with the public in large. Therefore, the legislative intention is very clear in not providing option for transfer of licence to another person, who may be or may not be having required qualifications and the licence should be granted only based on independent assessment of an individual and not by mere transfer. 13. Thus, by taking into all these relevant factors and upon consideration of the Rules, both the Licensing Authority and appellate authority have rightly rejected the claim of the petitioner for transfer, which does not call for any interference by this Court. 14. At this juncture, learned counsel for the petitioner referred to an order of the 2nd respondent passed vide proceedings R.No.58706/H1/09 dated 03.04.2009, wherein the 2nd respondent, while disposing of an appeal preferred by one Hari, seeking transfer of his Driving School Licence to the name of his wife, directed the Licensing authority, Vellore to consider the eligibility of the wife of Hari with reference to Rule 24 of Central Motor Vehicles Rules, 1989 and pass appropriate orders, if she is found to be qualified in accordance with Rule. 15. Thus, in the instant case also, learned counsel for the petitioner seeks similar indulgence for consideration of the application to be made by the third respondent before the Licensing Authority, since there is no provision for transfer by way of succession under the Rules. If the petitioner's son is found eligible after fulfilment of required conditions, the request of the petitioner may be considered for granting licence in his son's name without taking into consideration the limitation part. 16. In the light of the above stated position, this writ petition is disposed of with liberty to the third respondent to make an application independently for grant of Driving School Licence in his name. If any such application is made by the third respondent, the Licensing Authority is directed to consider the same in accordance with law on fulfilment of required conditions laid down under the Rules and after giving opportunity of hearing to the applicant, take a decision in respect of granting licence to the applicant/third respondent, by treating the application to be filed within limitation.