MOHAMMAD ABDUL WAHAB Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader for Transport.

(2.) The petitioners, who is a Registered Medical Practitioner in Homeopathy and Unani, filed this writ petition questioning the notification issued by the Government in GO. Ms. No. 25, Transport, Roads and Buildings Department, dated 6-2-1992. It is stated that the Transport Authorities under the Old Motor Vehicles Act used to accept the Medical Certificates issued by any Registered Medical Practitioner, such as the petitioner, even without possessing the MBBS Degree or its equilant but after the new Motor Vehicles Act came into force, the 1st respondent has issued a notification in GO. Ms. No. 25, Transport, Roads and Buildings (Tr. II) Department, dated 6-2-1992 declaring that the Registered Medical Practitioners possessing the Degree of MBBS in Allopathy or any equivalent qualification of any University in India alone are empowered to issue Medical Certificates for the purpose of obtaining the Learner's Licence and Conductor's Licence, and thus, it is submitted that when the Authorities have been accepting the Medical Certificate issued by the Registered Medical Practitioners in Homeopathy and Unani and Allopathy, there is no justification in issuing such a notification. It is further stated that when the Transport Authorities started insisting upon the Medical Certificates to be issued by the Registered Medical Practitioners possessing the Degree of MBBS in Allopathy alone, W.P. Nos. 8668 of 1981 and 13017 of 1986 were filed, which were allowed on 14-4-1987 and 3-8-1987 respectively.

(3.) Admittedly, no notification has been issued by the State Goernment under Section 7(4) and 21-B of the old Motor Vehicles Act, 1939, which are corresponding to Sections 8(3) and 30(3) of the new Motor Vehicles Act, 1988. The learned Government Pleader for Transport submits that as there is no notification issued by the Government in exercise of the powers under Ss. 7(4) and 21-B of the old Motor Vehicles Act, 1939, the Transport Authorities used to accept the certificates issued by any Medical Practitioners irespective of qualification of MBBS in Allopathy; but it is submitted that in view of the notification issued u/Ss. 8(3) and 30(3) of the Motor Vehilces Act, 1988 read with Rules 43 and 77 of the Andhra Pradesh Motor Vehilces Rules, 1989, it cannot be said that the said G.O. is illegal and arbitrary and without any authority of law.