KULDIP BALHARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Indisputably, the petitioner obtained a driving licence when he was aged 16 years, 11 months and 11 days. He was under age at the time. Section 4 of Chapter II of the Motor Vehicles Act, 1988 (for short "the Act") lays down that no person under the age of 18 years shall drive a motor vehicle in any public place. The proviso to the said Section lays down that a motor vehicle (with engine capacity not exceeding 50cc) may be driven in a public place by a person after attaining the age of 16 years.

(2.) The date of birth of the petitioner is 30.6.1974.

(3.) It is also not disputed that the District Transport Officer-cumLicensing Authority, Rohtak renewed the driving licence of the petitioner four times thereafter without raising any objection as to the initial driving licence obtained by the petitioner when he was underage. The last renewal in 2006 ran out on 10.6.2011. The petitioner made an application for renewal of the driving licence on 18.7.2011 appending with the application procedural requirements, including copies of the ration card and the PAN Card issued by the Income Tax Department. The licensing authority returned the application on the ground that the age of the petitioner on the date when the original Driving Licence was issued, was less than 18 years, and therefore, the Computer Software installed in the office of District Transport Officer-cum-Licensing Authority, Rohtak developed under Section 4 of the Chapter II of the Act did not accept the entries of the renewal application. He was accordingly informed of the rejection vide communication dated 3.8.2011 (P-3). It is this denial vide order dated 3.8.2011 which has been impugned in this writ petition.