BIPIN BIHARI SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. Gopal Krushna Mohanty, learned Senior Advocate for the petitioner and Mr. Bigyan Sharma, learned Standing Counsel for the Transport Department.

(2.) The petitioner, a driver being affected for non-renewal of his driving license for his not having the required training based on the circulars issued by the Office of the Transport Commissionercum-Chairman, State Transport Authority, Odisha, Cuttack bearing Circular No.2 of 2015 dated 13.05.2015 and Circular No.09 of 2015 dated 04.06.2015 under Annexures.2 and 3 respectively has sought to assail the action of the public authority on the premises that the said Circulars are contrary to the provisions contained in the Act and cannot be sustained. In filing the aforesaid writ petition, the petitioner while seeking quashing of Circulars vide Annexures-2 and 3 sought for appropriate relief by way of mandamus from this Court.

(3.) On his appearance, Mr. Sharma, learned counsel for the Transport Department for opposite party No.2 attempted to justify the action of the Public Authority by drawing our attention to the counter affidavit filed on behalf of opposite party No.2 and submitted that the circulars issued by the State Transport Authority are an outcome of the direction of the Hon'ble Apex Court in its decision in the case of S. Rajaseekaran vs. Union of India and others, 2014 6 SCC 36.