BHUPENDRA MANGALDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. Percy Kavina, learned Senior Counsel assisted by Mr. Ramkrishna B. Dave, learned counsel appearing for the petitioner, Mr. Kamal B. Trivedi, learned Advocate General assisted by Ms. Sangita K. Vishen, learned Assistant Government Pleader appearing for the respondents.

(2.) This writ petition in the nature of Public Interest Litigation has been filed by the petitioner on the ground that State of Gujarat is taking Automated Driving Test on the track and only four tests are being carried out instead of 24 tests as prescribed by Rule 15 of the Central Motor Vehicles Rules, 1989 (hereinafter referred to as "the Rules").

(3.) An affidavit-in-reply has been filed by the respondents wherein it has been categorically stated in paragraph 3 that all tests are being done by the respondents in accordance with the provisions of the Rules and licenses are being issued to the applicants by following the procedure as laid down in the Rules. It has further been stated that Automated Driving Track has been created and after passing that test, driving licenses are being issued. Further, the test being stringent, only 60% applicants are clearing the tests as it requires skill and competency to drive the vehicle which is being tested by the Automated Driving track. Paragraph 8 of the affidavit-in-reply is extracted below :-