OUSEPHKUTTY Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The complaint of the petitioner is that though he had submitted Ext. P-2 application for the grant of a Badge for the purpose of driving a transport vehicle, the first respondent has declined to even accept his application. According to the petitioner, he is the holder of a licence to drive two wheelers and three wheelers. However, he has studied only up to the 4th standard. According to him, he should have been granted a Badge and permitted to drive a transport vehicle. The counsel for the petitioner contends that as per Rule 6 of the Kerala Motor Vehicles Rules, a person who has studied up to the 4th standard can be authorized to drive a transport vehicle.

(2.) The learned Govt. Pleader who represents the respondents disputes the above proposition by pointing out that as per Rule 8 of the Central Motor Vehicles Rules 1989, the minimum educational qualification required for obtaining a licence to drive a transport vehicle shall be a pass in the 8th standard. In view of the above, it is submitted that the petitioner's application has been rejected for valid reasons.

(3.) I have heard the respective counsel appearing for the rival parties. I have also considered the contentions made before me, anxiously.