S. NANDAKUMAR S/O P. SRINIVASA MURTHY Vs. UNION OF INDIA (UOI) BY ITS SECRETARY MINISTRY OF SHIPPING DEPT. OF ROAD TRANSPORT AND HIGHWAYS, COMMISSIONER FOR TRANSPORTS AND REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THE first two petitions are filed by individuals and the third petition is by the Principal of the Driving Training School, challenging Rule 8 of the Central Motor Vehicle Rules prescribing pass in 8th standard as the minimum qualification to drive transport vehicle, as arbitrary and ultravires Article 14 of the Constitution.

(2.) ACCORDING to the Petitioners, incorporating educational qualification under Rule 8 of the Central Motor Vehicle Rule for issuing a driving license to transport vehicles was passed on 1.7.1989. However, the said Rule incorporating educational qualification as a condition precedent for issuing driving license to run transport vehicle was omitted during October, 1989. Once again the same Rule was introduced during April 2007 prescribing minimum qualification as 8th standard as a condition precedent for driving transport vehicle. It is contended, in case of non -transport vehicle, there is no such bar. So far as driving of transport vehicle is concerned, prescribing the qualification of 8th standard is discriminatory and violative of Article 14 of the Constitution and is unreasonable, arbitrary and has no nexus with the -object sought to be achieved but only deprives liberty of a citizen and it is also in violation of Article 21 of the Constitution i.e., right to livelihood and also contrary to the judgment rendered by the Apex Court.

(3.) THE first two Petitioners have obtained learners license and based on that they also learnt driving. However, in the meanwhile, they approached the respective RTO. In view of the bar contained in Rule 8 of the Central Motor Vehicle Rules prescribing minimum standard of education i.e. 8th standard pass, to issue license to run the transport vehicle, since there was denial of issuance of regular license, Petitioners are before this Court.