C.P. ASHRAF Vs. JOINT REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner obtained Ext.P1 licence to drive light motor vehicle during 1991. Ext.P1 licence was valid till 09/05/2007. Ext.P1 licence was later renewed upto 09/05/2017. In the meanwhile, the petitioner has applied for and obtained a badge, viz, authorization to drive transport vehicles, during 1998. Ext.P3 is the copy of the paper badge issued to the petitioner. Ext.P3 badge was valid only for a period of three years. Admittedly, the petitioner has not renewed Ext.P3 badge. It is stated that for quite a long time in between, the petitioner was working abroad. He has now come back and intends to undertake his avocation of driving transport vehicles again. He has therefore, approached the first respondent, the licensing authority to renew Ext.P3 badge. It is alleged by the petitioner that the first respondent is insisting him to have the minimum qualification prescribed under Rule 8 of the Central Motor Vehicles Rules, 1989 (the Rules), for the purpose of getting Ext.P3 badge renewed. According to the petitioner, in so far as Ext.P3 badge was issued prior to the introduction of the present Rule 8 of the Rules dealing with the educational qualification, he is entitled for renewal of the licence to drive the transport vehicles in accordance with the provisions contained in Sec. 15 of the Motor Vehicles Act (the Act). The petitioner has, therefore, approached this Court seeking a direction to the first respondent to accept the application for renewal of Ext.P3 badge and to renew the same.

(2.) A statement has been filed by the first respondent. Paragraphs 4 and 5 of the statement read thus: "4. It is submitted that Sec. 15 of the Motor Vehicle Act deals with the renewal of driving licence. As per Sec. 15(4) of the Motor Vehicle Act, the maximum period available for the renewal of an authorization to drive a vehicle is 5 years from the date of expiry. After 5 years, the applicant has to undergo a test of competence to drive as referred in Sec. 9(3) of the act. 5. It is submitted that Rule 8 of the Central Motor Vehicle Rules deals with the minimum educational qualification for driving transport vehicles. Rules 6 of the Kerala Motor Vehicle Rules deals with the authorization to drive transport vehicle. The petitioner is entitled to get renewal of driving licence as per the provision of Rule 8 of the Central Motor Vehicle Rules and Rule 6 of the Kerala Motor Vehicle Rules only if he is a holder of a transport vehicle licence." It is clear from the said paragraphs that the stand of the respondents is that the petitioner is entitled to renewal sought by him only if he possesses the qualification prescribed in Rule 8 of the Rules for holding the licence and that since the petitioner has not applied for renewal of the badge within five years, he has to undergo a test of competence to drive motor vehicles as provided for in Sec. 9(3) of the Act as well.

(3.) Rule 8 of the Rules introduced with effect from 10/04/2007 reads thus: