TOM KURIACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner's application for appointment to the post of Assistant Motor Vehicles Inspector was rejected on the ground that he did not have the driving licence as on the last date for submitting the application, namely 30-8-95. The notification Ext. P1 requires driving licence to drive motor cycles for being considered for selection. In such circumstances rejection of the application cannot be said to be arbitrary. The petitioner contends that such insistence of the licence is contrary to the special rules relating to the Kerala Transport Subordinate Service, Ext. P8 Rules. The said special rules do not require such a driving licence. Therefore, insistence of the licence in Ext. Pl is arbitrary, the petitioner submits. In an earlier notification Ext. P9, such a licence was not insisted. It is true that special rules do not provide for possession of such licence for appointment of Assistant Motor Vehicles Inspector. The special rules are issued under Sec. 2 of the Kerala Public Services Act, 1964.

(2.) Later, new Motor Vehicles Act has been promulgated as Motor Vehicles Act, 1988. Sec. 213 of the said Act enables the Central Government to issue notification prescribing qualifications for Inspector of Motor Vehicles. An Assistant Motor Vehicle Inspector also comes within the term Inspector of Motor Vehicles. The qualification regarding licence is insisted in terms of the said statutory notification issued under the Motor Vehicles Act,1988. The special rules issued under the Public Services Act relate to the service aspect of the post concerned whereas the Motor Vehicles Act, 1988 is a special law as compared to Public Service Act.

(3.) Similar issue was considered by a Division Bench of this Court in connection with appointments in Weights and Measures Subordinate Service. There are special rules concerning the said service for appointment as Divisional Inspector by promotion. The special rules did not provide graduation as qualification. But, the rules framed under the Weights and Measures Act insisted that the candidates should have graduation preferably in Science. Same argument was advanced as in this case that insistence for graduation was contrary to the special rules. A Division Bench in the decision reported in Mohanan v. State of Kerala (1989 (1) KLT 161) held as follows: