NARAYANA RAO K D Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions under Art. 226 of the Constitution, the petitioners have sought for a declaration that the condition attached to the Learner's Driving Licence by the 2nd respondent that the learner must appear for driving test after 90 days is unauthorised and also for issue of a writ in the nature of mandamus directing the 2nd respondent to take competence test of petitioners 1 and 2 to drive the motor vehicles for the driving of which they seek licence. The petitioners 1 and 2 are the trainees and petitioners 3 and 4 are the Motor Driving Schools.

(2.) The case of the petitioners is that whenever a learner's driving licence is issued by the 2nd respondent, he puts a rubber seal on it stating that the learner must appear for test after a period of 90 days. Annexures 'A' and 'B' pertaining to petitioners 1 and 2 respectively have been produced to show that the 2nd respondent has been prescribing such a condition. 2. It is submitted that it is not within the competence of the 2nd respondent to prescribe such condition as there is no provision either in the Motor Vehicles Act (hereinafter referred to as 'the Act') or in the Karnataka Motor Vehicles Rules, 1963 (hereinafter referred to as 'the Rules') enabling the 2nd respondent to direct the licencee to appear for driving test only after a period of 90 days.

(3.) On the contrary, it is contended on behalf of the respondents, by Sri U. Abdul Khader, learned High Court Government Pleader, that Rule 19 (4) of the Rules has been amended by the notification dated 14th November 1979 bearing No. HD 12 TMR 79 and as a consequence thereof, the learner's licence will be valid for a period of 6 months instead of 3 months : therefore, it is open for the 2nd respondent who is the licensing authority to impose a condition that the licensee must appear for driving test after the expiry of 90 days.