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Kerala High Court · body

2016 DIGILAW 1036 (KER)

Ashraf v. Joint Regional Transport Authority

2016-11-25

P.B.SURESH KUMAR

body2016
JUDGMENT : 1. The petitioner obtained Ext.P1 licence to drive light motor vehicle during 1991. Ext.P1 licence was valid till 09.05.2007. Ext.P1 licence was later renewed upto 09.05.2017. In the meanwhile, the petitioner has applied for and obtained a badge, viz, authorization to drive transport vehicles, during 1998. Ext.P3 is the copy of the paper badge issued to the petitioner. Ext.P3 badge was valid only for a period of three years. Admittedly, the petitioner has not renewed Ext.P3 badge. It is stated that for quite a long time in between, the petitioner was working abroad. He has now come back and intends to undertake his avocation of driving transport vehicles again. He has therefore, approached the first respondent, the licensing authority to renew Ext.P3 badge. It is alleged by the petitioner that the first respondent is insisting him to have the minimum qualification prescribed under Rule 8 of the Central Motor Vehicles Rules, 1989 (the Rules), for the purpose of getting Ext.P3 badge renewed. According to the petitioner, in so far as Ext.P3 badge was issued prior to the introduction of the present Rule 8 of the Rules dealing with the educational qualification, he is entitled for renewal of the licence to drive the transport vehicles in accordance with the provisions contained in S.15 of the Motor Vehicles Act (the Act). The petitioner has, therefore, approached this Court seeking a direction to the first respondent to accept the application for renewal of Ext.P3 badge and to renew the same. 2. A statement has been filed by the first respondent. Paragraphs 4 and 5 of the statement read thus: “4. It is submitted that S.15 of the Motor Vehicles Act deals with the renewal of driving licence. As per S.15(4) of the Motor Vehicles Act, the maximum period available for the renewal of an authorization to drive a vehicle is 5 years from the date of expiry. After 5 years, the applicant has to undergo a test of competence to drive as referred in S.9(3) of the Act. 5. It is submitted that Rule 8 of the Central Motor Vehicles Rules deals with the minimum educational qualification for driving transport vehicles. Rules 6 of the Kerala Motor Vehicles Rules deals with the authorization to drive transport vehicle. After 5 years, the applicant has to undergo a test of competence to drive as referred in S.9(3) of the Act. 5. It is submitted that Rule 8 of the Central Motor Vehicles Rules deals with the minimum educational qualification for driving transport vehicles. Rules 6 of the Kerala Motor Vehicles Rules deals with the authorization to drive transport vehicle. The petitioner is entitled to get renewal of driving licence as per the provision of Rule 8 of the Central Motor Vehicles Rules and Rule 6 of the Kerala Motor Vehicles Rules only if he is a holder of a transport vehicle licence.” It is clear from the said paragraphs that the stand of the respondents is that the petitioner is entitled to renewal sought by him only if he possesses the qualification prescribed in Rule 8 of the Rules for holding the licence and that since the petitioner has not applied for renewal of the badge within five years, he has to undergo a test of competence to drive motor vehicles as provided for in S.9(3) of the Act as well. 3. Rule 8 of the Rules introduced with effect from 10.04.2007 reads thus: “8. Minimum educational qualification for driving transport vehicles-- The minimum educational qualification in respect of an applicant for obtaining a licence to drive a transport vehicle shall be a pass in the eighth standard: Provided that the minimum educational qualification specified in this rule shall not apply in the case of – (i) renewal of a driving licence to drive a transport vehicle; or (ii) addition of another class of transport vehicle to the driving licence; already held before the commencement of the Motor Vehicles (Amendment) Rules, 2007].” The petitioner obtained authorization to drive the transport vehicle long prior to the introduction of present Rule 8. It is clarified in Rule 8 that the minimum educational qualification prescribed in the Rule shall not apply in the case of renewal of a driving licence to drive a transport vehicle. In the light of the said provision, I do not think that the petitioner needs to possess the qualification for the purpose of getting his authorization to drive transport vehicle renewed. 4. Section 15(4) of the Act reads thus: “15(4). In the light of the said provision, I do not think that the petitioner needs to possess the qualification for the purpose of getting his authorization to drive transport vehicle renewed. 4. Section 15(4) of the Act reads thus: “15(4). Where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than five years after the driving licence has ceased to be effective, the licencing authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of Section 9.” The second proviso to S.15(4) of Act indicates that the statute contemplates situations where applications for renewal of driving licences being preferred after five years as well. The only restriction imposed to such requests is that in such cases the applicants shall undergo and pass to the satisfaction of the licensing authority the test of competence provided for in sub-section (3) of S.9. The learned counsel for the petitioner submits that the petitioner is prepared to undergo the test of competence as provided for under S.9(3) of the Act. In the circumstances, the Writ Petition is disposed of permitting the petitioner to submit a fresh application for renewal of Ext.P3 badge within two weeks from the date of receipt of a copy of this judgment. If the petitioner submits an application for renewal of Ext.P3 badge as directed above, the same shall be considered and the renewal sought by the petitioner shall be issued, if he undergoes and passes the test of competence to the satisfaction of the licensing authority as provided for in sub-section (3) of S.9 of the Act and complies with other statutory formalities, notwithstanding the fact that he does not possess the minimum educational qualification prescribed under Rule 8 of the Rules.