K. SHIBIN Vs. TRANSPORT COMMISSIONER, GOVERNMENT SECRETARIAT

JUDGEMENT

(1.) THE petitioner is aggrieved by the denial of a Badge under Rule 8 of the Central Motor Vehicles Rules, 1989 (for brevity "CMV Rules"). The petitioner's contention is that he has been issued with a Driving Licence under Rule 6 of the Kerala Motor Vehicles Rules, 1989 (for short "KMV Rules") and, hence, there should be no impediment in issuing a Badge, which alone would entitle him to drive a Public Transport Vehicle.

(2.) THE learned Government Pleader, however, points out the specific prohibition in Rule 8 of the CMV Rules and contends that the rejection was proper.

(3.) A learned Single Judge of this Court has also considered the proviso to Rule 6 of KMV Rules, which stipulates, 4 Standard as the minimum qualification for issuing a valid driving licence and the consequence of the stipulation made in Rule 8 of the CMV Rules in Ousephkutty V.T. v. Regional Transport Officer [ : 2012 (3) KLT 29]. It has been categorically held that in the teeth of the stipulation in Rule 8 of the CMV Rules, the stipulation in Rule 6 of the KMV Rules is void. In such circumstance, this Court is not persuaded to hold that the petitioner is entitled to a Badge.