MASARATH JAHAN BEGUM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The sole question which arises for consideration in this application is whether a written test can be prescribed in terms of Rule 11 of the Central Motor Vehicles Rules, 1989 ('the Rules'). The Motor Vehicles Act, 1988 ('the Act') was enacted consolidating and amending the law relating to motor vehicles. Section 8 of the Act provides for grant of learner's licence. Sub section (5) of Section 8 reads thus:

(2.) It is not in dispute that the Central Government in exercise of the power conferred upon it under Section 12 of the Act made Rules known as Central Motor Vehicles Rules, 1989. Rule 11 of the said Rules is in the following text.

(3.) A bare perusal of the said Rule clearly shows that no provision has been made therein for conducting a written test. Pursuant to and in furtherance of the power conferred upon the licensing authorities in terms of sub-section (5) of Section 8 of the Act, they can conduct the test which is prescribed in terms of the Rules. The authorities, being statutory authorities, must confine themselves within the four corners of the statute.