RAFI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these Writ Petitions, provisions of Rule 5(3)(a) of the Karnataka Motor Vehicles Rules, 1963 (hereinafter referred to as 'the Rules') inserted by the Karnataka Motor Vehicles (3rd Amendment) Rules, 1984 is challenged. Rule 5(3)(a) of the Rules has come into force on 30th May. 1984.

(2.) In most of these Writ Petitions, the petitioners are either the applicants for driving licence or the driving schools. Whereas only in two Writ Petitions viz., 10360 and 10361/1984 the Driving Schools are the petitioners. In respect of these petitions, Sri. L. M. Pandurangaswamy, Learned High Court Government Pleader has raised an objection that they have no locus-standi inasmuch as they cannot be considered to be aggrieved persons since the impugned rule only affects the applicants who seek driving licence. It appears to me that the objection is well-founded. The validity of the Rule is challenged only on the ground that it is beyond rule making power conferred upon the State Government under the provisions of the Motor Vehicles Act (hereinafter referred to as 'the Act'). The Rule in question does not affect the driving schools. Therefore, the petitioners in W.P. 10360 and 10361/1984 cannot be considered to be aggrieved persons; as such, they have no locus-standi. Accordingly, W.Ps. 10360 and 10361/1984 are dismissed.

(3.) Rule 5(3)(a) of the Rules reads thus: "No authorisation to drive a transport vehicle shall be granted unless the applicant produces a valid certificate in proof of the same to the effect that he has studied upto the Seventh Standard Examination of any school recognised by the State Government. The State Government shall notify the date from which this provision shall take effect."