PRABHAKAR Y D Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ISSUE a writ of certiorari quashing Annexure-D in so far as it pertains to the insistence of submission of fresh application and fresh licence fee during the period mentioned under sub-section (5) of Section 9 of the Act.

(2.) ISSUE a writ of mandamus prohibiting the respondents from insisting upon submission of fresh application and fresh licence fee during the period mentioned under sub-section (5) of Section 9 of the Act and the provision thereunder is concerned.

(3.) THE first petitioner has obtained training for driving motor vehicle from the second petitioner. He has obtained learner's licence in form No. 3 attached to the Motor Vehicles Act 1988. After completion of the training, he applied for issue of a driving licence in form No. 4 of the Act. He has also paid the prescribed fee under Rule 32 of the Central Motor Vehicles Rules 1989. Thereafter he underwent a competence test conducted by the concerned officer attached to the second respondent in which he did not pass. When he again appeared for the test , he was asked to submit a fresh application along with the fee. According to the first petitioner, insistence on fresh application along with fresh fee is unnecessary.