VIVEK GHANSHYAMBHAI PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Public Interest Litigation is filed by two public spirited citizens for the purpose of challenging Notification and Government Resolutions, which have been published by the respondent - authority. To summarize, the following are the prayers made in the present Public Interest Litigation.

(2.) Ms. Sneha Joshi, learned advocate representing the petitioners, has raised multiple contentions which have been narrated in the petition are reproduced hereinafter:-

(3.) Ms. Joshi, learned advocate has contended that this Public Interest Litigation is essentially for the purpose of taking care of the interest of people at large in the State of Gujarat who are applying for driving licence. A grievance is raised that by virtue of impugned Notification dated 29.08.2017, original Rules i.e. Gujarat Motor Vehicles Rules, 1989 came to be amended, which is named Gujarat Motor Vehicles (Amendment) Rules, 2017. In view of the said Notification, Rule 3(B) has been inserted after Rule 3(A), whereby, the Principal of Industrial Training Center who is in charge of the main center in the respective talukas and under whose jurisdiction, ITI has been situated is determined as license authority for the candidates for issuing learning licence. Further, by virtue of Rule 4(5) which is also under challenge, the supervisor who possessed the qualification of Automobile or Mechanical Engineering Degree from the concerned ITI situated in respective Talukas, where the candidates are situated, would be the testing officers for the purpose of testing in view of Section 8(5) of the Act and as such, according to Ms. Sneha Joshi, learned advocate, both these amended Rules are violative of the provisions enacted in the aforesaid Motor Vehicles Act and Rules. Learned advocate Ms. Joshi has further submitted that a person merely holding an Automobile or Mechanical Engineering Degree does not become an expert in the subject involved in the present case and surprisingly, before issuance of Government Resolution dated 24.10.2019, which is also under challenge, learning licence work has already started and, therefore, this action on the part of the authority is shockingly illegal, strange and against law. It has further been contended that this impugned Notification and the Government Resolution are not only against law, but harsh, arbitrary, capricious, unjust, discriminatory and amounts to breach of fundamental right guaranteed under Articles 14 and 21 of the Constitution of India and also violative of the principles of natural justice.