GUJARAT AUTO RIXSA FEDERATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this Public Interest Litigation, the writ -petitioners, the Gujarat Autorickshaw Federation being represented by its President and also its Zonal Vice -President have challenged the legality of Rule 8 of the Central Motor Vehicles Act, 1989 which has been given effect from April 10, 2007 by which a minimum educational qualification has been prescribed for getting driving licence for transport vehicles for those persons who want to have a new licence.

(2.) ACCORDING to the writ -petitioners, the imposition of such a restriction of having minimum educational qualification of passing 8th standard would take away the right of huge number of persons to have their right of earning livelihood by becoming a driver of transport vehicles. It is further contended that even if it is assumed for the sake of arguments that such imposition of restriction is otherwise permissible, at least eight years time should have been given to give effect to the said amended provisions so that the persons who have already taken steps for becoming driver of a transport vehicle are not deprived of such rights.

(3.) THE writ -application has been contested by the respondent thereby contending that there is no illegality in imposition of such minimum educational qualification for getting licence as driver of transport vehicles when those drivers are required to meet various kinds of people and also obey various traffic signals and restrictions imposed under the Motor Vehicles Act and the Rules framed there under, which require some knowledge of English.