COMMISSIONER OF POLICE Vs. MUKESH KUMAR

JUDGEMENT

(1.) All these petitions involving common question of facts and law are being disposed of by this common judgment.

(2.) Petitioners issued an advertisement inviting applications for the post of Constable (Driver). The candidates amongst other things were required to possess and hold a "Current Driving Licence" for heavy vehicles. The respondents applied for the post along with their revalidated/renewed licences and were selected for appointment after taking in trade and physical test. Their selection was, however/ made provisional subject to verification of their antecedents/character, fitness etc. and it appears that during this verification exercise it was noticed that they had secured the licences when they were underage. Petitioners took up the matter with concerned Transport Authority who had different explanations to offer. They eventually put respondents on notice informing them that their licences were illegal having been issued in contravention of Section 4(2) of M.V. Act and requiring them to show cause why their candidature be not cancelled. They replied to these notices claiming that these were renewed and revalidated by the concerned Licensing Authority after they had attained 20 years of age and, therefore, could not be treated illegal and that they were no more disabled from driving a transport vehicle in a public place. Their explanation was but rejected and their candidature cancelled by orders passed by petitioner's authority.

(3.) Respondents challenged this by filing OAs before Tribunal which were allowed by impugned Tribunal judgment requiring petitioners not to deny appointment to them for this if they were otherwise eligible and qualified for such appointment. While doing this. Tribunal noticed that respondents had attained 20 years requisite prescribed age at the time of renewal of their licences and applying for the post and took the view that their licences could not be treated illegal.