P N NARASIMHA MURTHY Vs. REGIONAL TRANSPORT OFFICER AND LICENSING AUTHORITY FOR GRANT OF DRIVING SCHOOL LICENCE

JUDGEMENT

(1.) Petitioner is a resident of Tumkur and the owner of Bhagyalakshmi Motor Service. He claims that he is interested in ensuring that the first respondent-Regional Transport Officer satisfies himself as to the merits of the second-respondent the applicant for starting a driving licence under the Indian Motor Vehicles Act and therefore, he has approached this Court for a direction that the first respondent may be restrained from granting the said driving school licence to the second respondent inter alia on the ground that he has placed sufficient material before the first respondent which would dis-entitle the second respondent from getting the necessary licence to start a driving school.

(2.) The licensing and regulation of schoolsor establishments for imparting instruction in driving of motor vehicles is controlled by Section 12 of the Motor Vehicles Act, 1988. Rule 24 of the Central Motor Vehicles Rules, 1989 provides for the licensing authority to have regard to the applicant and staff working under him who are of good character and are qualified to give driving instructions, the premises where the school is proposed to be commenced is either held by the applicant or is taken on lease by him or is hired in his name and it has adequate provision for a lecture-hall, room for demonstration of models, administrative section, reception room and sanitary block besides adequate parking area for the vehicles meant to be used for imparting instructions in driving. It has further to take into account the financial resources, number of the vehicle or numbers of the vehicles owned by the applicant, the type of such vehicle or vehicles and the said vehicles are exclusively or for the purpose of imparting instructions; that he maintains operatus and equipments which are necessary for imparting education in driving of motor vehicles and such other things which are enumerated in sub-rule (3) of Rule 24.

(3.) None of the provisions made thereinprovide for any member of the public to file objections to the grant of driving school licence to applicant if he otherwise satisfies the requirements enumerated to which licensing authority shall have due regard Therefore, petitioner cannot be said to have locus stand to influence the decision of the I first respondent-Regional Transport Officer by filing objections which are not provided for in the scheme of the Rules.