NOORUMON Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioners in these writ petitions are all holders of driving licences issued by the respondent - Regional Transport Officer, Tirur. They wanted to have endorsements in their driving licences authorizing them to drive transport vehicles. However, they are aggrieved by the refusal of the authorities to issue them with Chellan for submitting an application in Form LTA. The authorization has not been issued for the reason that they have not passed 8th standard. According to them, the insistence on passing 8th standard is unreasonable and liable to be declared so. Since the question raised is common to all the writ petitioners, they are considered and disposed of together.

(2.) According to Adv. K.K. Mohammed Ravuf, who appears for the petitioners in these cases, the petitioners are all holders of valid driving licences issued to them. Rule 6 of the Kerala Motor Vehicles Rules deals with authorization to drive a transport vehicle. The proviso to the said Rule stipulates that for the grant of such authorization, the applicant should be a person who has studied up to standard IV and having one year experience in driving light motor vehicle. Since the petitioners satisfy both the conditions stipulated by the Rule, it is contended that there is no justification for not granting such an authorization. According to the learned counsel, the Motor vehicles Act was amended in 1994 taking away the different classes of transport vehicles that were earlier there. Sec. 10(2)(e) of the Motor Vehicles Act refers to 'transport vehicle' also, while Sec. 11 deals with additions to a driving licence. Therefore, it is contended that invoking Rule 6 of the Kerala Rules, the petitioners ought to have been granted the authorization to drive a transport vehicle as sought for. It is pointed out by the learned counsel that, Sec. 2(47) defines 'transport vehicle' to mean a public service vehicle, goods carriage, an educational institution bus, or a private service vehicle. Therefore, the authorization that is sought for is only to be granted, it is contended.

(3.) The contentions of the learned counsel for the petitioners are opposed by the learned Government Pleader who points out that, since the petitioners are persons who do not satisfy the qualification of a pass in VIII standard, no authorization permitting them to drive a transport vehicle could be granted.