Judgment : 1. The petitioner challenges Exts.P1 and P2 in so far as a direction is issued by the respondent authorities for enrolling the persons in the driving school only if they are residing or carrying on business in the place where the concerned driving school is located. The facts as disclosed would indicate that the petitioner is an association of All Kerala Motor Driving School Instructors and Workers. According to them, by virtue of Section 8 of the Motor Vehicles Act (hereinafter referred to as 'the Act'), any person can apply for a driving licence to the licencing authority having jurisdiction in the area in which he ordinarily resides or works or where the driving school is situated. 2. The complaint of the petitioner is that by Ext.P1, the right to apply for learners driving licence within the jurisdiction of a particular area where the driving school is situated is barred or prevented. The petitioner also has produced Ext.P2, a notice which appeared in the office of the Thalassery Joint Regional Transport Officer which refers to Ext.P1 inter alia indicating that the persons who apply for learners driving licence should either be a permanent resident of Thalassery Taluk or temporarily residing there on account of their employment for which documents are to be placed on record. 3. The learned Government pleader on instructions would submit that Ext.P1 came to be issued on account of certain factual situation by which it has come to the notice of the department that many candidates are applying for changing the driving test centre without justifiable reason and with some ulterior motives. Hence in continuation of Circular No.04 of 2013 following instructions have been given for strict compliance of the same. "1. The change of address or temporary enrolment in any driving school shall not be entertained except in the case of those who reside or stay for official or business purpose in the jurisdiction of that testing centre. 2. For changing the date of driving test, the applicant shall submit request for changing the date of driving test before the Licensing Authority/Additional Licensing Authority by stating the specific reasons for the same. 2. For changing the date of driving test, the applicant shall submit request for changing the date of driving test before the Licensing Authority/Additional Licensing Authority by stating the specific reasons for the same. Date of driving test shall not be proponed without specific reason and proof." Further it is stated that changing the date of driving test without specific reason and including more candidates for driving test than the permitted number will be viewed seriously. 4. Ext.P1 indicates that the Transport Commissioner had come to know about certain irregularities that were happening in the matter relating to changing driving test centres without any justifiable reason. In that view of the matter, it was indicated that the change of address or temporary enrolment in any driving school shall not be entertained except in the case of those who reside or stay for official or business purpose in the jurisdiction of that test centre. Hence what is contemplated by the Circular is only the change of address or temporary enrolment in the driving school. It does not intend to violate any proision under Section 8 of the Motor Vehicles Act and this Circular cannot be meant to violate the said provision also. Section 8(1) reads as under: "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 carries on business, 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." 5. There is no doubt about the fact that the Transport Commissioner did not intend to violate Section 8(1). There is no doubt about the fact that the Transport Commissioner did not intend to violate Section 8(1). It clearly provides that any person who is not disqualified by any of the provisions under Section 4 shall be entitled to apply to the licencing authority having jurisdiction in the area, in which he ordinarily resides or carry on business or in which the school or establishment referred to in Section 12 of the Act from where he intends to receive the instructions in driving a motor vehicle is situated for the issue of a learners driving licence. Admittedly, Ext.P1 does not in any where indicate that the provision under Section 8(1) of the Act is violated. What is contemplated by virtue of the Circular is regarding the change of address for changing the jurisdiction of the driving test centre. It is to curtail such an action on the part of either the applicant or the driving school centre that these instructions have been issued. Hence I do not think that the instructions at Ext.P1 violate Section 8(1) of the Act. 6. Coming to Ext.P2 notice it is only an instruction issued in the notice board which apparently is against the instructions issued at Ext.P1. But Ext.P2 is not issued in terms with Ext.P1. As per Ext.P2 only those persons who are either permanently residing or temporarily working within the jurisdiction of Thalassery Taluk could apply for Learner's Licence. This notice is not in terms with Section 8(1) of the MV Act. What Ext.P1 intended is only a change of address from the original application which is given under Section 8 (1) of the Act. In that view of the matter, this writ petition is disposed of as under: i) It is made clear that Ext.P1 circular is not against the terms of Section 8(1) of the Act and therefore any person who is entitled to apply in terms of Section 8(1) of the Act, do have the right to apply in accordance with the said provisions and Ext.P1 circular does not stand in the way. ii) Ext.P2 is against Section 8(1) of the Act and accordingly Ext.P2 is quashed.