BHANWRI FATTA RAM SIYAG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 23/2/2024 (Annex.12) whereby the application as preferred by the petitioner for transfer of the license issued to her husband, for running the motor driving school, has been rejected.

(2.) The facts are that a license for running a Motor Driving School (hereinafter referred to as, 'the School') was issued to late Shri Fatta Ram, husband of the present petitioner. The said license was time to time renewed and holds valid till the year 2027. Unfortunately, Shri Fatta Ram expired in the year 2023 and the petitioner therefore, vide application dtd. 30/10/2023, prayed for transfer of the license in her name. However, the said application has been rejected vide the order impugned dtd. 23/2/2024 on the ground that there is no provision in the Central Motor Vehicles Rules, 1989 (hereinafter referred to as, 'the Rules of 1989') or in the Motor Driving School Registration Scheme, 2018 (hereinafter referred to as, 'the Scheme of 2018') for transfer of the license.

(3.) Learned counsel for the petitioner submits that although the license in question was valid upto the year 2027, the respondent- Department directed for closing down of the School only on the premise of death of the licensee i.e. husband of the petitioner. Learned counsel submits that it was not a case of breach of any of the conditions of the license and hence, the license which was valid till the year 2027, could not have been terminated only on the premise that there was no provision prescribing for transfer of license in the name of successor/legal representative of the deceased.