M. THARUJIDEEN Vs. DISTRICT COLLECTOR, RAMANATHAPURAM

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking for a direction to the second respondent to give him appointment to the post of Driver in his office.

(2.) THE petitioner has averred in the affidavit filed in support of this writ petition that he is a physically challenged person, enrolled his name in the District Disabled Rehabilitation Centre, Ramanathapuram and his Identity Card Number is 1264. He was also issued with a disability certificate and his disability was assessed at 60%. It is further averred that he was issued with a Driving License by the Assistant Licensing Authority, Ramanathapuram on 24.12.2004. Subsequently, he enrolled his name in the District Employment Exchange, Ramanathapuram on 31.01.2006.

(3.) ACCORDING to the petitioner, he went to the Regional Transport Office on 04.01.2011, 05.01.2011 and 06.01.2011 for participating in the test drive before the Motor Vehicle Inspector. According to him, no test was conducted by the Motor Vehicle Inspector on the above said dates and therefore, he preferred a representation on 10.01.2011 to the first respondent, requesting him to permit him to undergo the test drive as instructed by the second respondent. Thereafter, he had undergone the test drive on 11.01.2011. According to him, the third respondent, instead of issuing the Performance Certificate, instructed him to produce the Fitness Certificate to drive the vehicle from the competent Medical Board. According to the petitioner, he was issued with a valid driving license in terms of Section 9 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") and the same is valid till 23.12.2024 and at the time of grant of driving license, the competent authority satisfied with his medical fitness. Hence, the third respondent was not correct in instructing him to produce the Fitness Certificate from the competent Medical Board. The petitioner further averred that after obtaining the driving license, he did not acquire any disability subsequently.