S KRISHNA MOORTHY Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) The 2nd petitioner is the proprietress of the driving school A2Z at Ernakulam. The 1st petitioner who was learning motor driving in the above driving school applied for a driving licence before the 2nd respondent. The 3rd petitioner is the All Kerala Motor Driving School Association licensed to impart instructions in driving. All the petitioners joined in filing this O.P. to quash Ext. P2 circular and Ext. P3 test sheet issued by the 1st respondent, the Transport Commissioner.

(2.) The first petitioner has been issued with a learners licence by the 2nd respondent, the Asst. Licensing Authority. The 1st respondent, the Transport Commissioner, had issued Ext. P2 circular No. 20/98 dt. 25.7.98 prescribing the guidelines by which the candidates appearing for driving test will have to drive the vehicle in a H track so far as four wheeler vehicles are concerned and a '8' track in respect of two wheelers. Further, the 1st respondent has issued Ext. P3 test sheet showing the manner in which the vehicles are to be driven engaging the forward and reverse gears for taking H track and 8 track. Ext. P2 circular and Ext. P3 test sheet are sought to be quashed by the petitioners alleging that the Transport Commissioner was not competent to issue any such circulars and it was in violation of the provisions of the Motor Vehicles Act and the Central Motor Vehicles Rules and hence ultra vires, illegal and unsustainable.

(3.) Heard the learned counsel for the petitioners and the learned Government Pleader.