THENNINDHIYA OTTURNAR PAYIRCHI PALLI URIMAIYALARGAL KOOTTAMAIPPU Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TRANSPORT DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) The relief sought for in this writ petition is to forbear the respondents from implementing the Electronic Driving Test in "H" Track for the Light Motor Vehicles and two wheelers and consequently, direct the respondents to follow the physical driving test as per the provisions of Rule 31 of the Central Motor Vehicles Rules, 1989.

(2.) The writ petitioner is Thennindhiya Otturnar Payirchi Urimaiyalargal Koottamaippu. The grievances of the writ petitioner are that the members of the Koottamaippu are running driving schools in various places across the State. The respondents have now introduced Electronic Driving Test in "H" Track for the Light Motor Vehicles and two wheelers, for the purpose of granting driving licence to the persons submitting the application for grant of driving licences.

(3.) The learned counsel appearing on behalf of the writ petitioner Koottamaippu states that the members of the Koottamaippu are affected in view of the fact that even the syllabus and other details for teaching the students have not been provided and they are unable to follow the new test now implemented by the respondents for granting driving licences. The members of the petitioner Koottamaippu are the authorised driving schools and they had obtained necessary licences from the competent authorities to run the driving schools. The students are approaching to learn driving skills and the members of the petitioner Koottamaippu are teaching the driving techniques and skills. The syllabus for imparting instructions of driving motor vehicles is prescribed under Rule 31 of the Motor Vehicles Rules, 1989. The learned counsel further states that as per Clause 8 in Rule 31 of the said Rules, under the caption of "C.LIGHT VEHICLES DRIVING PRACTICE", it is prescribed as "S" bends and therefore, only after amending the relevant rules, the respondents are empowered to implement the Electronic Driving Test in "H" Track. Till then, the respondents are bound to follow the erstwhile practice of granting driving licences as per the procedures as contemplated under the Act and the Rules.