JUDGMENT : N. Nagaresh, J. The petitioner, who is aged 16 years, is a shooter registered with the National Rifle Association of India. The petitioner seeks to quash Ext.P6 and to command the 1st respondent-District Collector to forthwith reconsider Ext.P3 application submitted by the petitioner for Arms Licence. 2. The petitioner has participated in the 66th National Shooting Championship competitions (Pistol Events) held at Bhopal in the year 2023. The petitioner secured high score and was certified as 'Renowned Shooter'. The petitioner wanted to participate in point 22 Pistol matches at the State and National levels. The petitioner therefore applied for an Arms Licence under Section 3 of the Arms Act, 1959. 3. The petitioner states that the Central Government has issued Ext.P5 Notification dated 12.02.2020 exempting the class of persons specified therein from the operation of Section 9(1)(a)(i). The petitioner being a certified Renowned Shooter, she stands exempted from the provisions of Section 9(1)(a)(i). However, to the predicament of the petitioner, the 1st respondent-District Collector issued Ext.P6 order dated 03.05.2024 rejecting Ext.P3 application for Arms Licence submitted by the petitioner. 4. According to the 1st respondent, Section 9(2) of the Arms Act only enables a person who has attained the prescribed age limit, i.e., below the age of 21 years but not below the age of 12 years to use firearms under prescribed conditions in the course of training. It does not entitle such person to acquire, possess or carry firearms. The petitioner is not therefore entitled to Arms Licence. 5. The petitioner states that the 1st respondent has lost sight of the fact that in the light of Ext.P5 Notification issued under Section 41 of the Arms Act, 1959, the petitioner being a Renowned Shooter, stands exempted from the provisions of Section 9 of the Arms Act and Rule 36 of the Arms Rules. The petitioner would further submit that by Ext.P7 judgment, a learned Single Judge of the Hon'ble High Court of Madras has quashed an order of the Licensing Authority rejecting the application for Arms Licence submitted by the petitioner therein on the ground that he has not completed the age of 21 years. Ext.P6 order of the 1st respondent is therefore clearly illegal and unsustainable, contends the petitioner. 6. The 1st respondent-District Collector contested the writ petition filing counter affidavit. The 1st respondent submitted that the petitioner is 16 years old and is a minor. Ext.P6 order of the 1st respondent is therefore clearly illegal and unsustainable, contends the petitioner. 6. The 1st respondent-District Collector contested the writ petition filing counter affidavit. The 1st respondent submitted that the petitioner is 16 years old and is a minor. The petitioner has to undergo firearms and ammunition training as per the Arms Rules before an Accredited Trainer having licence to impart training as per Rule 39. At present, Government has not given accreditation to any trainer other than the Deputy Commandant of the Police Battalion. The petitioner has not produced S1 Firearms and Ammunition Safety Training Certificate as mandated in Rule 10 of the Arms Rules, 2016. The petitioner has only produced a certificate from an Accredited Shooter having licence under Rule 39. The writ petition is therefore without any merit and is liable to be dismissed. 7. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1st respondent and the learned Senior Panel Counsel representing the 2nd respondent. 8. The petitioner is a shooter registered with the National Rifle Association of India (NRAI). The petitioner had taken part in the 66th National Shooting Championship Competitions (Pistol Events) held at Bhopal, Madhya Pradesh in the year 2023. The petitioner participated in the said championship as a competitor of the Kerala State Rifle Association. She has also participated in the 10M Air Pistol Sub Youth Women National Championship. As can be seen from Ext.P2 Certificate, the petitioner is a “Renowned Shooter”, in terms of Government of India Notification No.146/94-Cus dated 13.07.1994. Ext.P2 Certificate has been issued by the Secretary General of the National Rifle Association of India. 9. For the purpose of competing in further championships, the petitioner required further training. The petitioner therefore submitted application for Arms Licence in Form A1. The Arms Licence was required for Hand Gun (Revolver/Pistol). The petitioner's application stands rejected as per Ext.P6 order dated 03.05.2024 of the District Collector. 10. The District Collector, in Ext.P6, stated that though as per the Arms Act and the Rules persons between the age of 12 years and 21 years can be permitted to use certain classes of firearms for sports purpose, such training has to be under a competent trainer or licensee. 10. The District Collector, in Ext.P6, stated that though as per the Arms Act and the Rules persons between the age of 12 years and 21 years can be permitted to use certain classes of firearms for sports purpose, such training has to be under a competent trainer or licensee. As per Rules, permission has been granted for persons below the age of 21 years, only for the purpose of training and not for using Arms on their own. The District Collector therefore informed the petitioner that licence can be granted to the petitioner only after she completes 21 years of age. The District Collector, however, informed the petitioner that as per Rule 36 of the Arms Rules, the petitioner can use permissible Arms in the presence of a Trainer or Licensee, for the purpose of training. 11. In short, the licensing authority has taken a stand that though persons below the age of 21 years can use permissible Arms for the purpose of training and participation in sports events under certain conditions, licence cannot be granted to such persons. 12. Section 3 of the Arms Act reads as follows : 3. Licence for acquisition and possession of firearms and ammunition ? (1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder: Provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. (2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than two firearms: Provided that a person who has in his possession more firearms than two at the commencement of the Arms (Amendment) Act, 2019, may retain with him any two of such firearms and shall deposit, within one year from such commencement, the remaining firearm with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year: Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded. (3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice. (4) The provisions of sub-sections (2) to (6) (both inclusive) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition under sub-section (1) of that section. The Section mandates that no person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of the Act and the Rules made thereunder. Proviso to Section 3(1) states that a person may without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. The proviso only permits carrying of firearm without a licence by a person, on behalf of a licensee. Going by Section 3, the petitioner cannot acquire, possess or carry firearm without a licence for training or sports purpose. 13. The proviso only permits carrying of firearm without a licence by a person, on behalf of a licensee. Going by Section 3, the petitioner cannot acquire, possess or carry firearm without a licence for training or sports purpose. 13. Section 9 of the Arms Act, 1959 provides for prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms. Section 9 reads as follows : 9. Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc. ? (1) Notwithstanding anything in the foregoing provisions of this Act ? (a) no person,? (i) who has not completed the age of twenty-one years, or (ii) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for any term, at any time during a period of five years after the expiration of the sentence, or (iii) who has been ordered to execute under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) a bond for keeping the peace or for good behaviour, at any time during the term of the bond, shall acquire, have in his possession or carry any firearm or ammunition; (b) no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe — (i) to be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition, or (ii) to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof. (2) Notwithstanding anything in sub-clause (i) of clause (a) of sub-section (1), a person who has attained the prescribed age-limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms: Provided that different age-limits may be prescribed in relation to different types of firearms. Section 9(2) provides that notwithstanding the age restriction prescribed under Section 9(1)(a)(i), a person who has attained the prescribed age limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms. 14. Section 9(2) provides that notwithstanding the age restriction prescribed under Section 9(1)(a)(i), a person who has attained the prescribed age limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms. 14. Section 9(2) enables a minor, who has attained the prescribed age limit to use firearms as may be prescribed in the course of his training in the use of such firearms. The question is whether the permission to use firearms under Section 9(2) can be utilised without holding a licence. 15. Rule 36(1) and (2) of the Arms Rules, 2016 incorporated in Chapter III relating to special categories of licences, reads as follows : 36. Licence for training and target practice - (1) Any person below the age of twenty-one years but not below the age of twelve years may be allowed to use permissible category of arms for the purposes of training in the use of such arms in the immediate presence, or, under the direct supervision and guidance, of an adult instructor or the licensee: Provided that no person below the age of twenty-one years shall be allowed, to carry any permissible category of arms requiring a licence in a public place except in the immediate presence and supervision of the person who is lawfully authorised to carry such arms by the licensee. (2) Any person who applies for a licence to possess permissible category of arms in Form III in order to practice sport shooting shall be required to show evidence that he participates in such activities or that he is in a structured learning process. Rule 36 states that any person below the age of 21 years but not below the age of 12 years may be allowed to use permissible category of firearms for the purpose of training in the immediate presence, or under the direct supervision and guidance, of an adult instructor or the licensee. Whether using of firearms for the purpose of training, can be without holding a licence, is the moot question. 16. Section 3 of the Act, 1959 is the provision which mandates holding of licence for the purpose of acquisition and possession of firearms and ammunition. Section 3(1) provides that no person shall acquire, have in possession or carry any firearm or ammunition unless he holds a licence. 16. Section 3 of the Act, 1959 is the provision which mandates holding of licence for the purpose of acquisition and possession of firearms and ammunition. Section 3(1) provides that no person shall acquire, have in possession or carry any firearm or ammunition unless he holds a licence. The mandate in Section 3(1) is absolute and without any frills. The only exception from carrying firearms without licence is given in the proviso to Section 3(1). The proviso states that a person may without holding a licence, carry any firearm in the presence or under the written authority of the holder of the licence for repair or renewal of the licence or for use by such holder. Therefore, the only conclusion that can be drawn from Section 3(1) is that no other person can carry firearms without a licence. 17. Section 9 is a provision prohibiting acquisition or possession or sale or transfer of firearms to young persons and certain other persons. Rule 9(1)(a)(i) provides that no person who has not completed the age of 21 years shall acquire, have in his possession or carry any firearm. Sub-section (2) of Section 9 makes an exception and states that a person who has attained the prescribed age limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms. Though Section 9(2) carves out an exception in the case of persons below 21 years using firearms for the purpose of training, the provision cannot be taken as one enabling such persons to use firearms without licence. 18. In this regard, it is to be noted that under Section 3, licence is required to “acquire”, “possess” or “carry” any firearm. Section 9(2), however, adopts the word “use”. Therefore, the next question is whether a person of the prescribed age (below 21 years) can “use” firearm for training without licence. To “use” a firearm, one has to “possess” or “carry” a firearm. Though it can be argued that the word “possession” has a wider meaning and that a person can “use” a firearm without having possessory right over the firearm, it cannot be be disputed that a person cannot use firearms like Pistol, Revolver or Gun without “carrying” the same. Carrying of firearm mandatorily requires a licence under Section 3. Though it can be argued that the word “possession” has a wider meaning and that a person can “use” a firearm without having possessory right over the firearm, it cannot be be disputed that a person cannot use firearms like Pistol, Revolver or Gun without “carrying” the same. Carrying of firearm mandatorily requires a licence under Section 3. Therefore, using of Arms by a person below the age of 21 years as permitted under Section 9(2) can only be with a licence. 19. The afore conclusion gets support from Rule 36 of the Arms Rules, 2016 also. It is Rule 36 which regulates use of permissible category of Arms for the purpose of training by any person below the age of 21 years. Rule 36 itself is a licensing rule, going by the sub-title assigned to the rule. Furthermore, Rule 36(2) contemplates application for a licence to practice sport shooting. Therefore, the inevitable conclusion is that even a person, who is permitted to use firearms under prescribed conditions as per Section 9(2), will have to obtain a licence for using firearms for training. 20. In Ext.P6 order, the District Collector has observed that if Licence is granted to persons below 21 years of age, they will fall under the category of Licensee and that persons below 21 years cannot use firearms on their own. The Arms Act, 1959 enables persons below 21 years of age to use firearm for training purpose. There is nothing in the Act, 1959 or the rules made thereunder which prohibits issuance of licence to such persons. Column (9) of the Form I prescribed in Part I, Schedule III to the Arms Rules, 2016 enables the Licensing Authority to stipulate in the licence use to which Arms are to be put. Therefore, when a licence is issued to a person below 21 years of age, the Licensing Authority can very well restrict the use of firearm to training purpose alone, with requisite conditions to ensure safety. 21. In the counter affidavit filed by the 1st respondent, the 1st respondent has put forth two reasons to justify declining licence to the petitioner. Relying on Rule 10 of the Arms Rules, the 1st respondent contends that the petitioner has not produced Form S1 Firearms and Ammunition Safety Training Certificate as required under Rule 10(1). 21. In the counter affidavit filed by the 1st respondent, the 1st respondent has put forth two reasons to justify declining licence to the petitioner. Relying on Rule 10 of the Arms Rules, the 1st respondent contends that the petitioner has not produced Form S1 Firearms and Ammunition Safety Training Certificate as required under Rule 10(1). The counter affidavit further goes to state that the petitioner has to undergo training as per Rule 39 and at present the Government has not given accreditation to any Trainer other than the Deputy Commander of the Police Battalion. 22. The Safety Training Course under Rule 10(1) would be required only to applicants applying for licence in Form II, Form III and Form IV; or a rifle club or association or firing range or staff employed by such club, association or firing range applying for a licence in Form V; or a manufacturer or dealer or gunsmith or staff employed by such manufacturer, dealer or gunsmith applying for a licence in Form VII, Form VIII, Form IX or Form IX A. The petitioner will not fall under any of the said categories and the petitioner has applied for licence in Form I. The requirement in Rule 10 therefore will not apply to the petitioner. 23. As far as Form S1 Certificate prescribed under Rule 10(1) is concerned, the Safety Training Course is to be conducted by accredited trainer or master accreditor trainer having licence under Rule 39. As per the Explanation given under Rule 39, for the purpose of Rule 39, master accredited trainer refers to small arm experts having worked in Defence Forces, Central Armed Police Forces, State Police Forces and International medalists and renowned shooters. The petitioner herself being a renowned shooter, the petitioner cannot be required or forced to obtain Safety Training Course Certificate under Rule 10, which rule will anyway not be applicable to the petitioner. 24. Section 41 empowers the Central Government to make exemptions from the provisions of the Act. The petitioner herself being a renowned shooter, the petitioner cannot be required or forced to obtain Safety Training Course Certificate under Rule 10, which rule will anyway not be applicable to the petitioner. 24. Section 41 empowers the Central Government to make exemptions from the provisions of the Act. Section 41 provides that where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may by notification in the Official Gazette exempt any person or class of persons (either generally or in relation to such description of arms and ammunition as may be specified in the notification) or exclude any description of arms or ammunition or withdraw any part of India, from the operation of all or any of the provisions of the Act. 25. The Ministry of Home Affairs, Government of India has issued Ext.P5 Notification dated 12.02.2020 in exercise of the powers conferred under Section 41 of the Arms Act. By Ext.P5, the Central Government has exempted the classes of persons specified in Column (2) of the Schedule annexed, in respect of the Arms of the category of description specified in the corresponding entry in Column (3) thereof, when carried or possessed for their own personal use for the purpose of training or use in competition, from the operations of the provisions of Section 3(2) and Section 9(1)(a)(i) of the Arms Act subject to conditions specified in Column (4). Serial No.2 to the Schedule grants exemptions for possession of Arms by International Medalist / Renowned Shooter like the petitioner. The Schedule would indicate that the exemption includes pistols/revolvers of caliber upto and including 9 mm but excluding 9 mm parabellum (9 x 19 mm). 26. As regards conditions for availing exemptions, Column (4) of the Schedule mandates that the person must hold a certificate issued by the appropriate certifying body referred to in paragraph 3 of the Notification. Paragraph 3 of the Notification states that in the case of International Medalist / Renowned Shooter, the certifying body shall be the National Rifle Association of India. Paragraph 3 also provides that in the case of Renowned Shooters like the petitioner, the merit certificate shall mention the qualifying score along with the Minimum Qualifying Score (MQS) for the event as specified by NRAI. Paragraph 3 also provides that in the case of Renowned Shooters like the petitioner, the merit certificate shall mention the qualifying score along with the Minimum Qualifying Score (MQS) for the event as specified by NRAI. The notes provided under Column (3) also indicates the number of weapons which can be possessed by exemptees. 27. Ext.P5 is a Notification granting exemption. The exemption is general in nature inasmuch as it is applicable to all the categories mentioned in its Schedule, irrespective of age limits. The petitioner being a Renowned Shooter, the exemption will be applicable to the petitioner as well in view of the grant under Serial No.2 of the Schedule, irrespective of the age of the petitioner. 28. It is to be noted that exemption granted in Ext.P5 Notification is from Section 3(2) and Section 9(1)(a)(i) of the Arms Act. Section 3(1) is the mandatory Licensing provision and Section 3(2) provides for restriction in the number of firearms to be acquired/possessed/carried by a licensee. Ext.P5 does not exempt anyone from the mandatory licence requirement under Section 3(1). Exemption from Section 9(1)(a)(i) granted in Ext.P5 would be applicable to the petitioner and the prohibition imposed on persons who have not completed 21 years of age, would not be applicable to the petitioner in view of Ext.P5 Notification. However, Ext.P5 cannot be treated as exempting persons like the petitioner from the requirement of holding Arms licence under Section 3(1), as the exemption granted under Ext.P5 is from Section 3(2) and Section 9(1)(a)(i) only. 29. As far as conditions of exemption contained in Ext.P5 at paragraph 3(b) which is applicable to the petitioner, the petitioner holds Ext.P2 certificate issued by the certifying body, namely National Rifle Association of India. Ext.P2 certifies that the Minimum Qualifying Score (MQS) required is 505 and the petitioner's score is 515. Therefore, the petitioner is covered by Ext.P5 exemption notification. 30. In view of the afore discussion, the following findings are arrived at : (i) The word “use” in Section 9(2) necessarily presupposes “possession” or “carrying” of firearm. (ii) A licence is mandatory under Section 3(1) for using a firearm since one cannot “use” a firearm without carrying or possessing a firearm. (iii) The exception in the matter of holding licence provided under the proviso to Section 3(1) would not be applicable to a trainee who wants to use firearms for training/sports. (ii) A licence is mandatory under Section 3(1) for using a firearm since one cannot “use” a firearm without carrying or possessing a firearm. (iii) The exception in the matter of holding licence provided under the proviso to Section 3(1) would not be applicable to a trainee who wants to use firearms for training/sports. (iv) Any person between the age of 12 years and 21 years can be allowed to use permissible category of arms for the purpose of training only if such person holds Arms licence and subject to the conditions prescribed in the Rules. For the afore reasons, the writ petition is allowed. Ext.P6 is set aside. The 1st respondent is directed to reconsider Ext.P3 application for Arms Licence submitted by the petitioner and take decision afresh in the light of the afore findings, within a period of one month.