Kerala High Court
Prasad M S/O Murugan vs The Union Of India on 16 July, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:52384
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 10615 OF 2024
PETITIONERS:
1 ALL KERALA MOTOR DRIVING SCHOOL INSTRUCTORS AND WORKERS
ASSOCIATION,
SREE GANGA, SASTHAMANGALAM, P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS GENERAL SECRETARY. PRASAD M.S.,
S/O. SIVANKUTTY NAIR, AGED 54 YEARS, HOUSE NO. 2/1162,
SREEPRASADAM, POONKULAM, KALLIYOOR, THIRUVANANTHAPURAM,
PROPRIETOR, SAI MOTOR DRIVING SCHOOL, PIN - 695552
2 GOPAKUMAR.G,
AGED 51 YEARS
S/O. GOPINATHAN NAIR, TC 42 / 935-3, SAKTHI,
ASHAN NAGAR, EANCHAKKAL, VALLAKKADAVU P O,
THIRUVANANTHAPURAM, PIN-695 008, PROPRIETOR,
SAKTHI MOTOR DRIVING SCHOOL
3 ANOOP R.C,
AGED 57 YEARS
S/O. M. VELAYUDHA PILLAI, TC 40 / 1111, SREEVARAH,
SARAS 98, SREEVARAH, MANACAUD PO, THIRUVANANTHAPURAM,
PIN-695 005. PROPRIETOR, VEEKKAY MOTOR DRIVING SCHOOL
4 AMAL DEV VI,
AGED 44 YEARS
S/O V VIJAYAKUMAR, TC 50/1016, TRWA 300, THALLIYAN,
KARAMANA PO, THIRUVANANTHAPURAM, PROPRIETOR ,
ANAMIKA DRIVING SCHOOL, THALIYAN, PURNNENDU,
THALIYAN PRWA 280, THIRVANANTHAPURAM, PIN - 695002
5 PREMJITH,
AGED 44 YEARS
S/O. M. VELAYUDHA PILLAI, TC 40 / 1111, SREEVARAH,
SARAS 98, SREEVARAH, MANACAUD P O, THIRUVANANTHAPURAM,
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PIN-695 005, PROPRIETOR, VEEKKAY MOTOR DRIVING
SCHOOL, PIN - 695001
BY ADV SRI.O.D.SIVADAS
RESPONDENTS:
1 THE TRANSPORT COMMISSIONER,
TRANSPORT DEPARTMENT, TRANS TOWERS,
VAZHUTHACADU, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
2 THE PRINCIPAL SECRETARY TO THE GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO THE
GOVERNMENT, TRANSPORT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY SRI. P. SANTHOSH KUMAR, SPL. GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).10644/2024,
10798/2024 AND CONNECTED CASES, THE COURT ON 16.07.2025
DELIVERED THE FOLLOWING:
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 10644 OF 2024
PETITIONERS:
DRIVING SCHOOL OWNERS' SAMITHI,
REP BY STATE PRESIDENT JAYASHANKAR.V.,
REG. NO. TSR/TC/111/2018, STATE COMMITTEE
OFFICE RICE BAZAR, THRISSUR-1 REP BY STATE
PRESIDENT JAYASHANKAR .V. AGED 52 YEARS,
S/O. LATE PARUKUTTY AMMA, RESIDING AT
VILAKAPILLI HOUSE, AYYANTHOLE P.O.,
THRISSUR, PIN - 680003
BY ADV SRI.PREMCHAND M.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER OF KERALA,
TRANSPORT COMMISSIONARATE,
SECOND FLOOR TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 SECRETARY TO TRANSPORT DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
:4:
BY SRI. P. SANTHOSH KUMAR, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).10615/2024 AND
CONNECTED CASES, THE COURT ON 16.07.2025 DELIVERED THE
FOLLOWING:
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
:5:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 10798 OF 2024
PETITIONERS:
1 PRASAD M
S/O MURUGAN,
AGED 38 YEARS
THERIYIL VEEDU,
ATHIYANNUR,
ARALAMOODU P.O.,
NEYYATTINKARA ,
THIRUVANANTHAPURAM,
PIN - 695123
2 KUNJUMUHAMMED M.S,
S/O SYED KUNJU,
AGED 72 YEARS
SHA MANZIL, KOTTAPURAM,
ALANGAD P.O.,
ERNAKULAM DISTRICT,
PIN - 683511
3 NAZAR USMAN,
S/O CM USMAN,
AGED 53 YEARS
VILAYIL VEEDU, MADANVILA,
PERUMATHURA P.O.,
THIRUVANANTHAPURAM,
PIN - 695303
4 NAUSHAD A ,
S/O ABUBAKKAR ,
AGED 44 YEARS
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:6:
JEELANI MANZIL, KALLIYODE,
PANAVOOR P.O. NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695568
BY ADVS.
SRI.M.B.SANDEEP
SMT.K.P.SREEJA
SMT.ASWATHY JAYARAJ
SHRI.VISHNU K.K.
RESPONDENTS:
1 THE UNION OF INDIA ,
REPRESENTED BY SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
TRANSPORT BHAWAN, 1, PARLIAMENT STREET NEW
DELHI, PIN - 110001
2 STATE OF KERALA,
REPRESENTED BY SECRETARY ,
MOTOR VEHICLES DEPARTMENT,
TRANSPORT COMMISSIONERATE ,
2ND FLOOR,
TRANS TOWERS,VAZHUTHACAUD,
THYCAUD P.O. ,THIRUVANANTHAPURAM,
KERALA, PIN - 695014
3 THE STATE TRANSPORT COMMISSIONER,
KERALA TRANSPORT COMMISSIONERATE ,
2ND FLOOR, TRANS TOWERS,VAZHUTHACAUD,
THYCAUD P.O. ,THIRUVANANTHAPURAM,
KERALA, PIN - 695014
4 THE DIRECTOR ,
CENTRE FOR CONTINUING EDUCATION
KERALA,CHARACHIRA, KOWDIAR PO.,
THIRUVANANTHAPURAM,KERALA,
PIN - 695003
5 THE DIRECTOR ,
INSTITUTE OF DRIVER TRAINING AND RESEARCH ,
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
:7:
KANDANAKAM, KALADY (PO), EDAPPAL,
MALAPPURAM DISTRICT KERALA, PIN - 679582
6 REGIONAL TRANSPORT OFFICER, ERNAKULAM,
2ND FLOOR CIVIL STATION KAKKANAD,
VAZHAKKALA, KOCHI, KERALA, PIN - 682030
BY ADV
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SRI. P. SANTHOSH KUMAR, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).10615/2024 AND
CONNECTED CASES, THE COURT ON 16.07.2025 DELIVERED THE
FOLLOWING:
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
:8:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 13187 OF 2024
PETITIONER:
FALAH A .,
AGED 18 YEARS
S/O. A ASEEM, RESIDING AT THOPPIL VEEDU,
PERUMATHURA P.O., PUTHUCURICHY,
THIRUVANANTHAPURAM, KERALA, PIN - 695303
BY ADVS.
SRI.M.B.SANDEEP
SMT.K.P.SREEJA
SMT.ASWATHY JAYARAJ
SHRI.VISHNU K.K.
SMT.SHIYON BIJU
RESPONDENTS:
1 UNION OF INDIA ,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
TRANSPORT BHAWAN, 1, PARLIAMENT STREET,
NEW DELHI, PIN - 110001
2 STATE OF KERALA,
REPRESENTED BY SECRETARY,
MOTOR VEHICLE DEPARTMENT,
TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWERS,
VAZHUTHACAUD, THYCAUD P.O.,
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
:9:
THIRUVANANTHAPURAM, KERALA, PIN - 695014
3 THE STATE TRANSPORT COMMISSIONER ,
TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O. ,
THIRUVANANTHAPURAM, KERALA, PIN - 695014
BY ADV
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SRI. P. SANTHOSH KUMAR, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).10615/2024 AND
CONNECTED CASES, THE COURT ON 16.07.2025 DELIVERED THE
FOLLOWING:
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
: 10 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 17530 OF 2024
PETITIONERS:
1 JAGADEESH P.K.
AGED 52 YEARS
SON OF MADHAVAN KIDAVU, PILAVULLAKANDY,
KINALUR, BALUSSERY, KOZHIKODE DISTRICT,
(PROPRIETOR, CHAITHANYA DRIVING SCHOOL,
VATTOLY BAZAR, REG . NO.18/2/2006) ,
PIN - 673574
2 SHYJU P. K,
AGED 48 YEARS
SON OF MADHAVAN NAIR, PARAKKUZHIYIL HOUSE,
THURUTHIYAD P.O., BALUSSERY,
KOZHIKODE DISTRICT (PROPRIETOR,
KARUVANS DRIVING SCHOOL, ULLIYERI,
LICENCE NO .18/3/2001 ), PIN - 673004
3 RASEENA P,
AGED 48 YEARS
D/O IMBICHI MAMMAD, PILAKKOTH ,
KINALUR, BALUSSERY, PIN - 673612
4 NOUSHAD P P,
AGED 46 YEARS
S/O ABDULLA , PADI HOUSE,
KINALUR P.O.,BALUSSERY,
PIN - 673612
BY ADVS.
SRI.S.M.PRASANTH
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
: 11 :
SHRI.T.RAMPRASAD UNNI
SRI.T.H.ARAVIND
SMT.ASWINI SANKAR R.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT,GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695001
3 THE TRANSPORT COMMISSIONER,
TRANSPORT DEPARTMENT TRANS- TOWERS,
VAZHUTHACAUD, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
* ADDL.4 UNION OF INDIA
REPRESENTED BY SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
TRANSPORT BHAWAN, 1, PARLIAMENT STREET,
NEW DELHI- 110001
(ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 27.02.2025 IN I.A 1/25 IN WP(C)
17530/2024.
BY SRI. P. SANTHOSH KUMAR, SPL. GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).10615/2024 AND
CONNECTED CASES, THE COURT ON 16.07.2025 DELIVERED THE
FOLLOWING:
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
: 12 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 16622 OF 2024
PETITIONER:
HARISOON NAIR N A,
AGED 52 YEARS
S/O. MADHAVAN KUTTY NAIR,
SREE PRANAVAM, KULAPARATHI,
MALAMPUZHA P.O, PALAKKAD,
PIN - 678651
BY ADV SRI.PREMCHAND M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER OF KERALA,
TRANSPORT COMMISSIONARATE,
SECOND FLOOR TRANS TOWERS,
VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 SECRETARY TO TRANSPORT DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
: 13 :
BY SRI. P. SANTHOSH KUMAR, SPL. GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).10615/2024 AND
CONNECTED CASES, THE COURT ON 16.07.2025 DELIVERED THE
FOLLOWING:
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
: 14 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 16737 OF 2024
PETITIONER:
JOSEPH.P.C.,
AGED 64 YEARS
S/O. CHAVROW, PANDARAPARAMBIL,
PARAVUR, MANNAM, ERNAKULAM DISTRICT
PROPRIETOR, COCHIN MOTOR DRIVING SCHOOL,
PIN - 683520
BY ADVS.
SRI.O.D.SIVADAS
SMT.DEVIKA R.
RESPONDENTS:
1 THE TRANSPORT COMMISSIONER,
TRANSPORT DEPARTMENT, TRANS TOWERS,
VAZHUTHACADU, THYCAUD,
THIRUVANANTHAPURAM,, PIN - 695014
2 THE PRINCIPAL SECRETARY TO THE GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
3 THE STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO THE
GOVERNMENT, TRANSPORT DEPARTMENT,
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
: 15 :
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
BY SRI. P. SANTHOSH KUMAR, SPL. GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).10615/2024 AND
CONNECTED CASES, THE COURT ON 16.07.2025 DELIVERED THE
FOLLOWING:
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
: 16 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
WP(C) NO. 20210 OF 2024
PETITIONER:
ERNAKULAM DRIVING INSTITUTE OWNERS ASSOCIATION,
HI TECH DRIVING SCHOOL, TRANQUIL TOWERS,
SEAPORT AIRPORT ROAD, KAKKANAD P.O.,
ERNAKULAM , ERNAKULAM DISTRICT,
REPRESENTED BY SECRETARY, DIXEN XAVIER,
AGED 40, S/O. N.V.XAVIER, PIN - 682030
BY ADVS.
SMT.T.J.SEEMA
SMT.BHAVANA VELAYUDHAN
SHRI.DEVAVRATHAN S.
SHRI.ARUN KUMAR M.A
SRI.S.SANAL KUMAR (SR.)
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
TRANSPORT BHAWAN, I, PARLIAMENT STREET
NEW DELHI, PIN - 110001
2 STATE OF KERALA,
REPRESENTED BY SECRETARY,
MOTOR VEHICLES DEPARTMENT,
2025:KER:52384
W.P.(C) No.10615/2024 & Connected cases
: 17 :
TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWERS, VAZHUTHACAUD,THYCAUD P.O.,
THIRUVANANTHAPURAM, KERALA, PIN - 685014
3 THE STATE TRANSPORT COMMISSIONER,
KERALA TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWERS
VAZHUTHACAUD,THYCAUD.P.O.,
THIRUVANANTHAPURAM, KERALA, PIN - 695014
4 THE DIRECTOR,
CENTRE FOR CONTINUING EDUCATION, KERALA,
CHARACHIRA, KOWDIAR P.O.,
THIRUVANANTHAPURAM, KERALA, PIN - 695003
5 THE DIRECTOR,
INSTITUTE OF DRIVER TRAINING AND RESEARCH
KANDANAKAM,KALADY PO, EDAPPAL,
MALAPPURAM DISTRICT, KERALA, PIN - 679582
6 REGIONAL TRANSPORT OFFICER,
ERNAKULAM, 2ND FLOOR, CIVIL STATION,KAKKANAD,
VAZHAKKALA, KOCHI, KERALA, PIN - 682030
BY
SRI. P. SANTHOSH KUMAR, SPL. GOVERNMENT PLEADER
SRI. T.C. KRISHNA,
SMT. LATHA ANAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.03.2025, ALONG WITH WP(C).10615/2024 AND
CONNECTED CASES, THE COURT ON 16.07.2025 DELIVERED THE
FOLLOWING:
2025:KER:52384
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: 18 :
CR
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.10615, 10644, 10798, 13187,
17530, 16622, 16737 and 20210 of 2024
`````````````````````````````````````````````````````````````
Dated this the 16th day of July, 2025
JUDGMENT
~~~~~~~~~ Petitioners in all these writ petitions are owners of Driving Schools. In certain writ petitions, aspirants for Driving Licence also are petitioners. The petitioners challenge Circular No.4/2024 dated 21.02.2024 issued by the Transport Commissionerate of the Government of Kerala, which has been issued with the intention to make Driving Licence Tests more effective. Unless otherwise specified, the parties and exhibits are referred to in this judgment as they 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 19 : are described/marked in WPC 17530/2024, for convenience.
2. Circular No.4/2024 brings about the following changes/ additions in Driving Licence Tests:
(1) For Driving Tests for "motor cycle with gear", only motorcycles with leg-gear selection and more than 95 CC engine capacity should be used.
(2) The vehicles now included in Driving School Licences, which are more than 15 years old, should be removed before 01.05.2024 and instead, vehicles less than 15 years old should be included in the licences.
(3) For Driving Test for Light Motor Vehicles, vehicles with automatic gear/ automatic transmission and electric vehicles shall not be used.
(4) The Part-2 Road Tests for motorcycles should be conducted on roads having traffic.
(5) For the Driving Test Part-1 (Ground Test) of Light Motor Vehicles, angular parking, parallel parking, zig-zag driving and gradient tests should be included and modified 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 20 : as given in Annexure-1 Form. This instruction should be brought into force with effect from 01.05.2024.
(6) Driving Tests to be jointly conducted by one MVI and one AMVI per day, is limited to 30. Out of these, 20 should be new applicants and 10 should be candidates who failed earlier. If 10 failed candidates are not available, such deficient number can be allotted to those who could not appear for Test earlier, on priority basis.
(7) Number of applicants to
appear for Learner's Test should be
proportionately fixed, considering the number of applicants for Driving Test as stated afore.
(8) The Driving School owner should fit Dashboard Camera and Vehicle Location Tracking Device (VLTD) for test recording, in the LMVs used by the Driving School. The MVI should retain the Memory Card in which Test is recorded, the data should be transferred to Office Computer and then return the Memory Card. Data should be preserved for three months in Office. This 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 21 : instruction should be implemented from 01.05.2024.
(9) Where the Part-1 Driving Test of Light Motor Vehicles is conducted in Computerised Driving Testing Track, angular parking, zig-zag driving and gradient test should be examined in separate track.
(10) Candidates who have secured
the qualification of Motor Mechanic or
Mechanical Engineering from institutions having approval of the Central and State Governments and from the Boards under the Technical Education Department of the Government after undergoing a regular course, should be considered for appointment as Driving School Instructor.
3. Ext.P1 Circular No.4/2024 was issued on 21.02.2024. Soon thereafter, the Government issued Ext.P2 GO dated 04.05.2024 approving certain instructions. By Ext.P2 GO, the daily limit of applicants for Driving Tests (Sl. No.6 above) was enhanced from 30 to 40 Driving Tests, 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 22 : bifurcating 25 Tests for new applicants and 10 for re-tests. Five numbers are set apart for those who need Driving Licence urgently for going abroad for education or employment and for Non Resident Indians.
4. By Ext.P2 GO, the MVIs were assigned the duty to conduct Road Tests and AMVIs, the Ground Test. Use of Dual Clutch and Break vehicles (Dual Control System) were prohibited from usage for Driving Tests. Three months time was granted for installing Dash Board Camera and VLDC and six months time for replacing 15 years old vehicles. The Officers were directed not to conduct Fitness Test on the day on which Driving Test is scheduled.
5. Where Test Tracks can not be arranged as per Circular No.4/2024, permission was granted to conduct Driving Test Part-1 (H) following the present system. The Transport Commissioner was instructed to issue necessary directions to the RTOs to arrange Test Centres at places under the control of the Government, to the maximum extent.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 23 :
6. The counsel for the petitioners argued that under Section 12 of the Motor Vehicles Act, 1988, the power to make rules relating to licensing and regulation of Schools or establishments for imparting instruction in driving of motor vehicles, vests with the Central Government. There is clear delineation between the powers and functions of the Central Government and of the State Governments in the Motor Vehicles Act, 1988. The State Government therefore cannot issue any Circular encroaching upon the legislative sphere where the Central Government alone has powers.
7. Under Section 59 of the Motor Vehicles Act, 1988, the power to fix age limit of motor vehicles vests with the Central Government. As per Section, 59, it is for the Central Government to specify the life of a motor vehicle, reckoned from the date of its manufacture, by notification in the official gazette. The State Government cannot wield such power, urged the counsel for the petitioners.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 24 :
8. The petitioners have fundamental rights under Articles 19 and 21, which are infracted by the unworkable restrictions imposed now by the Government, urged the counsel for the petitioners. Many of the instructions in Ext.P1 Circular and Ext.P2 GO will bring to a halt the functioning of Driving Schools. Driving a vehicle is part of the right to freedom of movement, which cannot be curtailed except in terms of the exceptions enumerated in Article 19. Exts.P1 and P2 will cripple the functioning of Driving Schools.
9. The petitioners would further contend that there is no statutory liability on Driving Schools to conduct Driving Test or to provide vehicles for the Test. Conducting Driving Test is the statutory duty of the State. Vehicles of Driving Schools are used only by way of convenience. The benevolence shown by the Driving Schools is being exploited by the Government. The Circular makes irrational classification between vehicles owned by the Driving Schools 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 25 : and vehicles owned by individual persons.
10. Installation of Dashboard and Camera are not required either under the Central Motor Vehicle Rules or under the State Rules. Every applicant for Driving Licence has a legitimate expectation to have his application considered on the basis of Rules, Regulations and Circulars prevailing as on the date of application. The State Government has no power to prescribe qualifications for Driving Instructors. Uniformity in Driving Tests is also compromised by Exts.P1 and P2.
11. The Transport Commissioner resisted the writ petitions. The instructions contained in Circular No.4/2024 are intended to streamline the procedure of Test of Competence in harmony with Rule 15 of the Central Motor Vehicles Rules prescribed for the conduct of Test of Competence in driving motor vehicle. Being the head of the Motor Vehicles Department as prescribed in Rule 405 of the Kerala Motor Vehicles Rules, 1989, the Transport 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 26 : Commissioner is fully competent to issue such instructions which are not in violation of any provisions of the Act or Rules framed thereunder. The instructions are issued taking into account the innovation and improvement in vehicle mechanism and engineering, traffic conditions prevailing in the State, increasing number of road accidents, and to require imparting instructions in driving as per the syllabus prescribed in the rules.
12. Motor cycles fitted with gear changing mechanism on the handle Bar are facing extinction. The manufacturers of two wheelers are promoting motorcycles with gear changing by the foot of the person who drive the motorcycle. Therefore, it is necessary for every person aspiring to drive Motorcycle with gear, to learn gear shifting mechanism by the foot. Hence, instructions were issued that driving tests be conducted with motorcycles with gear changing by the foot.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 27 :
13. A learner of the vehicle of the category for which driving licence is applied for shall familiarise himself with the operation, control and maintenance of such vehicles, adopting advanced safety and engineering features. Most of the Motor Driving Schools are using old model vehicles which are more than 20 years of age, which do not have the safety features. Therefore, prescription of upper year limit is justified.
14. Grant of Driving Licence as per Section 9 of the Motor Vehicles Act shall be on passing of such test as prescribed by the Central Government. The Central Government have prescribed Rule 15 of the Central Motor Vehicles Rules for the purpose. The applicant has to satisfy the person, conducting the test that he is able to do all activities described in Rule 15 of the Central Motor Vehicles Rules.
15. A person competent to drive a geared vehicle is eligible to drive an automatic vehicle or electric 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 28 : vehicle. But, a person who drives an automatic vehicle or electric vehicle may not drive a vehicle fitted with manual transmission. Engaging lower to higher gear and vice versa without engine getting off while moving uphill or downhill, is to be trained only by a vehicle with manual transmission.
16. As regards limiting the number of candidates appearing for Test of Competency in a day, it is the prerogative of the Transport Commissioner. The Transport Commissioner can issue instructions for streamlining the procedure to issue Driving Licence. From Section 12(1), it is evident that the State Government have been assigned with the function of licensing and regulating the Schools or establishment imparting instruction in driving of motor vehicle.
17. The Transport Commissioner is the head of the Motor Vehicles Department. Any instruction issued by the Transport Commissioner for streamlining and to bring standard in sanctioning of Driving Schools and conduct of driving test shall not be treated as violation of Central Motor 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 29 : Vehicles Rules. The instructions issued by the Transport Commissioner in Circular No.4/2024 are harmonious with the provisions of the Central Motor Vehicle Rules. Those instructions are issued to bring standard in driving test in the light of increasing number of road accidents and keeping in mind public safety. The writ petitions are therefore without any force or merit and they are only to be dismissed, urged the Transport Commissioner.
18. I have heard the learned counsel for the petitioners, the learned Special Government Pleader representing the State Government and the learned Deputy Solicitor General of India-in-charge, representing the Union of India.
19. The Special Government Pleader representing the State brought to my notice Circular No.17/2024 dated 30.05.2024 and Circular No.C1/8/2024/TC
- part ((2) dated 26.06.2024 issued by the Transport Commissionerate making certain amendments to the earlier 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 30 : Circular, during the pendency of these writ petitions.
20. By Circular No.17/2024, the number of Driving Tests to be conducted per day has been enhanced to 40 in offices where there is only one MVI and 80 in the offices where there are two MVIs. Permissible age of vehicles that can be used for Driving Tests was enhanced to 18 years. Road Tests were directed to be conducted after the Ground Test as is the existing practice. Road Tests are to be conducted on roads itself. It should be ensured that each Driving School has a qualified Driving Instructor and when applicants are brought for test, Driving Instructor should be present.
21. Considering road safety, driving test vehicles with Dual Clutch/Break can be continued to be used and one can learn driving in own vehicle, apply for Driving Test and attend Driving Test with own vehicle. Steps should be taken to ensure that Driving Tests are conducted in places owned by the Government. Separate lists should be prepared of 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 31 : those who have acquired Learner's Licence and of the persons whose period of Learner's Licence is to expire. Vehicle fitness tests should be conducted twice every week, and Driving Tests can be conducted in the absence of vehicles requiring fitness tests. Officer, who conducts Driving Test, should not conduct Fitness Test on the same day.
22. The prime contention of the petitioners is that since the rule making power in respect of licensing and regulation of Schools or establishments in driving motor vehicles is conferred on the Central Government, the Transport Commissioner or the State Government cannot make rules in that regard, as has been done by Exts.P1 and P2.
23. Section 12 of the Motor Vehicles Act, 1988 reads as follows:
12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles --
(1) The Central Government may make rules for the purpose of licensing and regulating, by the 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 32 : State Governments, schools or establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) licensing of such schools or establishments including grant, renewal and revocation of such licences;
(b) supervision of such schools or establishments;
(c) the form of application and the form of licence and the particulars to be contained therein; (d) fee to be paid with the application for such licences;
(e) conditions subject to which such licences may be granted;
(f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences;
(g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles;
(h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle;
(i) apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting such instruction;
(j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein;
(k) qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 33 : vehicle shall possess;
(l) inspection of such schools and establishments (including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction);
(m) maintenance of records by such
schools or establishments;
(n) financial stability of such schools
or establishments;
(o) the driving certificates, if any, to
be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purposes of issuing such certificates;
(p) such other matters as may be necessary to carry out the purposes of this section.
(3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section.
(4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act whether under a licence or not, may continue to impart such instruction without a licence issued under this Act for a period of one month from such commencement, and if it has made an application for such licence under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 34 : Section 12 thus gives exhaustive powers to the Central Government to make provisions for the purpose of licensing and regulating by the State Government Schools or establishments for imparting instruction in driving of motor vehicles and matters connected therewith.
24. The rule making power conferred on the Central Government, more specifically dealt with under sub- section (2) of Section 12 includes rules to make provisions for licensing and supervision of Driving Schools, conditions for grant of licences to Driving Schools, nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle, apparatus and equipment required for the purpose of imparting such instruction, suitability of the premises in which Driving Schools may be established and facilities to be provided therein, qualifications which a person imparting instruction in driving a motor vehicle shall possess, etc. Circular No.4/2024 and GO dated 04.05.2024 would clearly indicate that the provisions therein include certain 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 35 : matters which are specifically within the rule making power of the Central Government.
25. The Special Government Pleader would rely on Section 213 of the Motor Vehicles Act and Rule 405 of the Kerala Motor Vehicles Rules, 1989 to urge that the Transport Commissioner indeed has powers to lay down instructions in the nature of those given in Circular No.4/2024 and the GO dated 04.05.2024.
26. Section 213 of the Motor Vehicles Act, 1988 reads as follows:
213. Appointment of motor vehicles officers --
(1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).
(3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 36 : officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers.
(4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such. (5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to,--
(a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed;
(b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept:
Provided that,--
(i) any such search without a warrant shall be made only by an officer of the rank of a gazetted officer;
(ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise;
(iii) where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made;
(c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 37 : may consider necessary for carrying out the purposes of this Act;
(d) seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed;
(e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the offender before any court;
(f) exercise such other powers as may be prescribed:
Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (6) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 94 of that Code.
27. Though Section 213 empowers the State Government to appoint Transport Officers, such appointment of officers is for the purpose of carrying into effect the provisions of the Act. The State Government is empowered under Section 213 to make rules to regulate the discharge of functions by officers of the Motor Vehicles Department. The State Government can also lay down rules prescribing duties to be performed by them and powers to be exercised.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 38 : However, since the rule making power relating to Driving Schools are specifically conferred on the Central Government under Section 12, the powers conferred on the officers under the Motor Vehicles Department including Transport Commissioner cannot encroach upon the rule making power specifically conferred on the Central Government.
28. The State Government has framed Kerala Motor Vehicles Rules, 1989. Rule 405 of the Rules, 1989 provides for officers of the Motor Vehicles Department and their duties and powers. Rule 405 reads as follows:
405.Officers of the Motor Vehicles Department and their duties and powers -
(1) For the purpose of Section 213 of the Act, there shall be a Motor Vehicles Department in the State with the Transport Commissioner as the Head of the Department. Additional Transport Commissioner / Joint Transport Commissioner, Senior Deputy Transport Commissioners, Deputy Transport Commissioners, Assistant Transport Commissioner , Regional Transport Officers, Joint Regional Transport Officers, Joint Regional Transport Officer (Administration) in the offices of the Deputy Transport Commissioners, Assistant Secretary to the State Transport Authority, Motor Vehicles Inspectors and Assistant Motor Vehicles Inspectors and all other officers who may, from time to time, be appointed for the purpose of the said 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 39 : section, shall be regarded as officers of the Motor Vehicles Department and shall exercise the powers and perform the duties assigned to them under the Act and the rules and the notifications issued thereunder. They shall carry out the instructions and orders issued by the Transport Commissioner from time to time.
(2) The powers exercisable by a police officer under the Act shall be exercisable also by any officer of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector. (3) The powers exercisale by the Motor Vehicles Inspectors under these rules and the Central Motor Vehicles Rules or the notifications issued under the Act shall be exercisable also by the Assistant Motor Vehicles Inspectors, in accordance with the duties assigned to them from time to time.
It is evident from Rule 405 that the officers of the Motor Vehicles Department shall exercise the powers and perform the duties assigned to them under the Act and the Rules and Notifications issued thereunder. They shall also carry out instructions and orders issued by the Transport Commissioner from time to time. Rule 405 does not confer any right on the officers of the Motor Vehicles Department including the Transport Commissioner to make any rules relating to regulation of Driving Schools.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 40 :
29. Rule 12 of the Central Motor Vehicles Rules, 1989 would show that the Central Government has prescribed exhaustive and comprehensive rules for the conduct of driving tests. The officers of the Motor Vehicles Department conducting the driving tests therefore should hold tests strictly according to the provisions contained in Rule 15. The Transport Commissioner or the officers of the Motor Vehicles Department cannot depart from the provisions contained in Rule 15 though the Transport Commissioner may issue instructions for conduct of driving tests effectively as per the provisions contained in Rule 15(3). Such instructions cannot go beyond the statutory provisions and should be for effective implementation of Rule 15.
30. The Statute is therefore clear that regulation of Driving Schools falls within the powers of Central Government alone and the officers of the Motor Vehicles Department are bound to act as per the Motor Vehicles Act and the Rules made thereunder. The State Government or 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 41 : Transport Commissioner cannot usurp the power which is vested with the Central Government in the matter of regulation of Driving Schools.
31. The question then arising is whether the instructions contained in Circular No.4/2024 dated 21.02.2024 and the GO dated 04.05.2024 exceed the powers of the Transport Commissioner and the Government of Kerala. In the light of the afore discussions, let us now examine the instructions given in the Circular No.4/2024 one by one.
32. Circular No.4/2024 provides that for "motorcycle with gear" only motorcycles with leg-gear selection and more than 95 CC engine capacity should be used. The Circular states that the vehicles included in driving licences which are more than 15 years old (which has been subsequently amended as 18 years) should be removed before 01.05.2024. It also provides that for driving test for Light Motor Vehicles, vehicles with automatic gear / 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 42 : automatic transmission and electric vehicles shall not be used.
33. Section 12(2)(e) makes it clear that the power to make rules as to conditions subject to which licences may be granted to Driving Schools is specifically conferred on the Central Government. Section 12(2)(i) confers on the Central Government the power to make rules with regard to the apparatus and equipment (including motor vehicles fitted with duel control) required for the purpose of imparting such instruction. The power to fix age limit of motor vehicles is also conferred only on the Central Government under Section 59 of the Act, 1988. The instructions in Circular No.4/2024 as quoted in paragraphs 2(1) to 2(3) of this judgment go against Section 12 and encroach upon the rule making power of the Central Government. Therefore, those instructions in Circular No.4/2024 are set aside.
34. Circular No.4/2024 also provides that the Part 2 road tests for motorcycles should be conducted on 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 43 : roads having traffic. For the driving tests Part 1 (ground test) of Light Motor Vehicles, angular parking, parallel parking, zig- zag driving and gradient tests should be included and modified as given in Annexure-1 form. The Circular further provides that driving tests to be jointly conducted by one MVI and one AMVI per day is limited to 30. Out of these, 20 should be new applicants and 10 should be candidates who failed earlier. The number of driving tests has been subsequently enhanced to 40 as per Circular No.17/2024. The afore provisions would show that those do not conflict with any of the provisions contained in Section 12 and Rule 15 of the Central Motor Vehicles Rules, 1989. No executive instructions issued by the Central Government have been brought to the notice of this Court, which go against the prescriptions in paragraphs 2(4) to 2(7) of this judgment, quoted from Circular No.4/2024. The provisions at paragraphs 2(4) to 2(7) above are made for effective implementation of the driving tests as provided in the Act and 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 44 : the Rules. The said provisions are therefore upheld.
35. The Circular then provides that the Driving School owner should fit dashboard camera and Vehicle Location Tracking Device (VLTD) for test recording, in the LMVs used by the Driving School. The data should be preserved for three months in office. Since Section 12(2)(i) confers rule making power for apparatus and equipment required for the purpose of imparting such instructions, on the Central Government, the Transport Commissioner is not justified in insisting for fitting of dashboard camera and Vehicle Location Tracking Device in the LMVs used by the Driving School. The provision in Circular No.4/2024 as quoted in paragraph 2(8) above is therefore unsustainable.
36. The Circular No.4/2024 mandates that where the Part 1 driving test of Light Motor Vehicles is conducted in computerised driving testing track, angular parking, zig-zag driving and gradient test should be examined in separate track. Though Section 12 provides that the 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 45 : Central Government may make rules prescribing suitability of the premises at which Driving Schools may be established or maintained and facilities to be provided therein, the Section does not contemplate any conditions with regard to maintaining tracks where driving test is to be conducted. Therefore, the said provision in Circular No.4/2024 as quoted in paragraph 2(9) above can be treated as one made for effective implementation of driving tests. The condition stated in paragraph 2(5) of this judgment as quoted from Circular No.4/2024 therefore does not warrant any interference.
37. The Circular further provides that candidates who have secured the qualification of motor mechanic or mechanical engineering from institutions having approval of the Central and State Government and from the Boards under the Technical Education Department of the Government after undergoing a regular course, should be considered for appointment as Driving School Instructor. As per Section 12(2)(k), the Central Government has the rule 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 46 : making power to make rules prescribing qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess. Therefore, it is the power of the Central Government to prescribe the qualifications. However, Circular No.4/2024 as quoted in paragraph 2(10) only requires that candidates who have secured the qualification of motor mechanic or mechanical engineering from approved institutions after undergoing a regular course should be considered for appointment. There is no mandate that only such candidates alone should be selected and appointed. Consideration of such candidates can be only subject to the satisfaction of qualifications if any prescribed by the Central Government. As the said provision is not shown to have any conflict with any of the rules prescribed in the Central Motor Rules, the said provision in paragraph 2(10) above also does not warrant interference.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 47 :
38. In the facts and circumstances of the case and in the light of the discussions made above, the provisions contained in Circular No.4/2024 and Ext.P2 GO dated 04.05.2024 and the amendments made thereto subsequently during the pendency of the writ petitions are set aside to the extent they are found illegal and unsustainable in this judgment.
Writ petitions are disposed of as above.
Sd/-
N. NAGARESH, JUDGE aks/14.07.2025 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 48 : APPENDIX OF WP(C) 10615/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR NO.4/24 WAS ISSUED BY TRANSPORT COMMISSIONER.
Exhibit P2 TRUE COPY OF THE GO (P) NO.4/2024/TRANS. VIDE SRO ISSUED BY STATE GOVERNMENT.
Exhibit P3 THE COPY OF THE CIRCULAR NO. 17/2024 DATED 30/05/2024 ISSUED BY THE 1ST RESPONDENT RESPONDENT'S EXHIBITS:
R2(a) COPY OF THE COMMON JUDGMENT DATED 5.2.2015 OF THIS COURT.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 49 : APPENDIX OF WP(C) 10644/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER ORGANIZATION Exhibit P2 TRUE COPY OF THE CIRCULAR NO.4/2024 DATED 21/02/2024 ISSUED BY THE 2ND RESPONDENT RESPONDENT'S EXHIBITS Exhibit R2(a) A true copy of the common judgement dated 05-02-2015 of this Honorable Court in the referred Writ Petitions. PETITIONER'S EXHIBITS Exhibit P3 THE SAID GOVT. ORDER NO. G.0(RI) NO.
181/2024/TRANS DATED 23.05.2024 Exhibit P4 THE SAID CIRCULAR BEARING NO. 17/2024 DT. 30.05.2024 ISSUED BY THE 2ND RESPONDENT 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 50 : APPENDIX OF WP(C) 10798/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DRIVING SCHOOL LICENCE HELD BY THE 1ST PETITIONER Exhibit P2 TRUE COPY OF DRIVING SCHOOL LICENCE HELD BY THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE DRIVING SCHOOL LICENCE HELD BY THE 3RD PETITIONER Exhibit P4 TRUE COPY OF THE DRIVING SCHOOL LICENCE HELD BY 4TH PETITIONER Exhibit P5 TRUE COPY OF CIRCULAR 4/2024 ISSUED BY TRANSPORT COMMISSIONER ON 21.02.2024 Exhibit P6 TRUE COPY OF CIRCULAR NO. 07A1/7/2024- KL07 ISSUED BY THE REGIONAL TRANSPORT OFFICER, ERNAKULAM Exhibit 7 TRUE COPY OF THE NOTIFICATION DATED 14.02.2024 ISSUED BY THE TRANSPORT (B) DEPARTMENT Exhibit 8 TRUE COPY OF THE COMMUNICATION DATED 04.03.2024 ISSUED BY THE PROGRAMME COORDINATOR OF ONE YEAR PROFESSIONAL DIPLOMA IN MECHANICAL AND AUTOMOBILE ENGINEERING, CCEK Exhibit P9 A TRUE COPY OF THE G.O. (O) 181/2024/TRANS DATED 23.05.2024 WAS PUBLISHED BY THE 2ND RESPONDENT Exhibit P10 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE DRIVING SCHOOL OWNERS KOOTTAYMA (REG NO TC/344/2020) DATED 23.05.2024 Exhibit P11 THE TRUE COPY OF THE CIRCULAR 17/2024 DATED 30.05.2024 ISSUED BY THE TRANSPORT COMMISSIONER, KERALA (R3) Exhibit P12 THE TRUE COPY OF THE CIRCULAR 20/2011 DATED 14.09.2011 ISSUED BY THE 3RD RESPONDENT.
Exhibit P5a TRANSLATION OF EXHIBIT P5 Exhibit P6a TRANSLATION OF EXHIBIT P6 Exhibit P8a TRANSLATION OF EXHIBIT P8 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 51 : Exhibit P9a TRANSLATION OF EXHIBIT P9 Exhibit P10a TRANSLATION OF EXHIBIT P10 Exhibit P11a TRANSLATION OF EXHIBIT P11 Exhibit P12a TRANSLATION OF EXHIBIT P12 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 52 : APPENDIX OF WP(C) 13187/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF LEARNERS LICENCE OF THE PETITIONER DATED 20.02.2024 Exhibit P2 TRUE COPY OF CIRCULAR 4/24 DATED 21.02.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF SCREENSHOT DATED 24.03.2024 FROM PARIVAHAN PORTAL Exhibit P4 TRUE COPY OF FORM TR5(C) ISSUED BY 2ND RESPONDENT DATED 16.02.2024 Exhibit P5 TRUE COPY OF E RECEIPT DATED 25.03.2024 ISSUED BY THE STATE OF TAMIL NADU Exhibit P6 TRUE COPY OF E PAYMENT RECEIPT DATED 26.03.2024 ISSUED BY THE GOVERNMENT OF KARNATAKA Exhibit P2a TRANSLATION OF EXHIBIT P2 RESPONDENT'S ANNEXURES Annexure R1(a) A true copy of the letter No.RT-
11036/78/2021-MVL dated 17.04.2021 issued by Ministry of Road Transport and Highways 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 53 : APPENDIX OF WP(C) 17530/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR NO. 4/2024 BEARING DATE 21/2/2024 ISSUED BY R3 Exhibit P2 TRUE COPY OF THE GOVERNMENT OF KERALA HAVE NOW ISSUED G.O. (RT) NO.
170/2024/ TRANS DATED 4TH MAY 2024, MODIFYING THE CIRCULAR AND INTRODUCING NEW CONDITIONS Exhibit P3 TRUE COPY OF OF CIRCULAR NO. 17/2024 (NO. C1/8/2024/TC DATED 30..05..2024 ISSUED BY THE THIRD RESPONDENT TRANSPORT COMMISSIONER 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 54 : APPENDIX OF WP(C) 16622/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE DRIVING SCHOOL LICENSE OF THE PETITIONER DATED 11/10/2023 Exhibit P2 TRUE COPY OF THE CIRCULAR NO.4/2024 DATED 21/02/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P3 THE SAID GOVT. ORDER NO. G.O(RT) NO.L81/2024/TRANS DATED 23.05.2024 Exhibit P4 THE SAID CIRCULAR BEARING NO. 17/2024 DT. 30.05.2024 ISSUED BY THE 2ND RESPONDENT 2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 55 : APPENDIX OF WP(C) 16737/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR NO.4/2024 DATED 21/2/2024 ISSUED BY THE TRANSPORT COMMISSIONER Exhibit P2 TRUE COPY OF THE GO (P) NO.4/2024/TRANS. VIDE SRO 244/2024 ISSUED BY STATE GOVERNMENT. DATED 5.03.2024 :
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 56 : APPENDIX OF WP(C) 20210/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE CIRCULAR NO. 4/2024 DATED 21.2.2024 ISSUED BY THE TRANSPORT COMMISSIONER Exhibit P2 TRUE COPY OF THE GO(RT) NO.
170/2024/TRANS DATED 4.5.2024 Exhibit P3 A TRUE COPY OF THE GO(RT) NO.
181/2024/TRANS DATED 23.5.2024 Exhibit P4 A TRUE COPY OF CIRCULAR NO.17/2024 DATED 30.5.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE LEARNERS LICENSE OF APANA N.B., KL07/0000003/2024 DATED 1.1.2024 Exhibit P6 A TRUE COPY OF LEARNERS LICENSE OF SULFIYATH K.M. NO.KL070020418/2023 DATED 31.12.2023 Exhibit P7 A TRUE COPY OF LEARNERS LICENSE NO.KL07/0020018/2023 DATED 22.12.2023 OF ARUNLAL K SHANKAR RESPONDENT'S EXHIBITS Exhibit R3(d) A true copy of the Circular no.
17/2024 dated 30-05-2024.
Exhibit R3(a) A true copy of the Circular No. 04/2024 dated 21-02-2024 issued by the Transport Commissioner.
Exhibit R3(b) A true copy the G.O.(Rt) No. 170/2024/TRANS dated 04-05-2024.
Exhibit R3(c) A true copy of the G.O.(Rt) No.181/2024/TRANS dated 23-05-2024.
2025:KER:52384 W.P.(C) No.10615/2024 & Connected cases : 57 :