Kerala High Court
All Kerala Motor Driving School, ... vs The Transport Commissioner on 3 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
WP(C) No.10615/2024 1/9 Order Date : 03-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 3rd day of May 2024 / 13th Vaisakha, 1946
WP(C) NO. 10615 OF 2024
PETITIONERS:
1. ALL KERALA MOTOR DRIVING SCHOOL, INSTRUCTORS AND WORKERS
ASSOCIATION, AGED 54 YEARS 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 PO,
THIRUVANANTHAPURAM, PIN-695 008, PROPRIETOR, SAKTHI MOTOR DRIVING
SCHOOL, PIN - 695008
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, PIN - 695005
4. AMAL DEV VI, AGED 44 YEARS, S/O V VIJAYAKUMAR, TC 50/1016, TRWA
300, THALLIYAN, KARAMANA PO, THIRUVANANTHAPURAM, PROPRITOR, 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 PO, THIRUVANANTHAPURAM,
PIN-695 005, PROPRIETOR, VEEKKAY MOTOR DRIVING SCHOOL, PIN - 695001
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
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation and implementation of Ext.P1 Circular No.
4/2024 issued by Transport Commissioner, pending disposal of the Writ
Petition (Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
WP(C) No.10615/2024 2/9 Order Date : 03-05-2024
SRI. O.D.SIVADAS Advocate for the petitioners and of SRI.P.SANTHOSHKUMAR,
SPL.GOVERNMENT PLEADER for the respondents, the court passed the
following:
WP(C) No.10615/2024 3/9 Order Date : 03-05-2024
DR.KAUSER EDAPPAGATH, J.
==================
WP(C) Nos.10615, 10644, 10798, 13187,
16622 & 16737/2024
===========================
Dated this, the 3rd day of May, 2024
ORDER
All these writ petitions have been filed challenging Circular
No.4/2024 dated 21/2/2024 issued by the Transport Commissioner
of Kerala. As per the Circular, key changes were made and new
regulations were introduced for driving test. WP(C) Nos.10798/24,
16737/24 and 16622/24 have been filed by the owners of the
driving schools imparting training in driving. WP(C) No.
10615/2024 has been filed by All Kerala Motor Driving School
Instructors and Workers Association and WP(C) No. 10644/2024
has been filed by the registered organization representing the
motor driving schools in the State. WP(C) No.13187/2024 has
been filed by an applicant who applied to obtain a driving licence.
2. The learned counsel for the petitioners submitted that
the new Circular would be implemented from 2/5/2024 onwards
and they pressed for an interim order to stay the implementation
WP(C) No.10615/2024 4/9 Order Date : 03-05-2024
WP(C) No. 10615/2024 & conn.cases
of the same. Hence, the learned counsel for the petitioners as
well as the learned Government Pleader were heard on the
interim relief sought.
3. The petitioners mainly challenged the Circular as one
issued without authority and violates various provisions of the
Motor Vehicles Act and Rules. The learned counsel for the
petitioners argued before me that the power to frame Rules and
prescribing guidelines for conducting driving test and issuance of
licence is vested only with the Central Government and the
Transport Commissioner has no power or authority to issue any
such Circular. Any executive order that is violative or inconsistent
with the provisions of the Central Motor Vehicles Act and Rules
will not have any legal footing, submitted the counsel. They have
further submitted that if the impugned Circular is implemented, it
will substantially affect the rights of the driving school operators
as well as the aspirants for licence. The learned counsel
appearing for the petitioner in WP(C) No.13187/2024 additionally
submitted that the petitioner therein has already obtained a
learner's licence and is awaiting for his final driving test. Ext.P2
Circular seeks to apply retrospectively to him and those
WP(C) No.10615/2024 5/9 Order Date : 03-05-2024
WP(C) No. 10615/2024 & conn.cases
applicants who have passed their learner's test before 1/5/2024
while the current format of driving test was in existence to
undertake the final driving test in a new format which is
impermissible in law.
4. The challenge raised by the petitioners regarding the
competency of the Transport Commissioner to issue the Circular
in question is a larger issue to be decided in the writ petition. The
question that arises for consideration now is whether the
petitioners have made out a case for staying the implementation
of the Circular.
5. Chapter II of the Motor Vehicles Act, 1988 deals with
the driving of motor vehicles. Section 9 of the Act deals with the
grant of driving licence and the test of competence in driving is
conducted as per Rule 15 of the said Motor Vehicles Rules, 1989.
Section 12 of the Act provides for the licencing and regulation of
schools or establishments for imparting instruction in driving of
motor vehicles. The driving training shall be in accordance with
the syllabus prescribed in Rule 31 of the Central Motor Vehicles
Rules. A perusal of the Circular would show that it is intended to
streamline the procedure for the test of competence in driving in
WP(C) No.10615/2024 6/9 Order Date : 03-05-2024
WP(C) No. 10615/2024 & conn.cases
harmony with Rule 15 of the Central Motor Vehicles Rules
prescribed for the conduct of the test of competence in driving
the motor vehicles. Being the head of the Motor Vehicle
Department as prescribed in Rule 405 of the Kerala Motor
Vehicles Rules, 1989 formed under the provisions of Section 213
of the Motor Vehicles Act, the Transport Commissioner is
competent to issue instructions which are not in violation of any
of the provisions of the Act or Rules. Key changes in the Circular
include limiting the number of driving test applicants supervised
by a Motor Vehicle Inspector per day to 30. Additionally, vehicles
with automatic gear transmission and electric vehicles are
prohibited from use in the driving test. Moreover, driving schools
are required to use vehicles no older than 15 years equipped with
dash board cameras for testing purposes. It appears that the
instructions in the Circular were issued considering the
innovational improvements in vehicular mechanism and
engineering, traffic conditions prevailing in the State, increasing
number of road accidents in the State and to require imparting
instructions in driving as per the syllabus prescribed in Rule 31 of
the Central Motor Vehicles Rules.
WP(C) No.10615/2024 7/9 Order Date : 03-05-2024
WP(C) No. 10615/2024 & conn.cases
6. When Circular No.27/2013 was issued by the Transport
Commissioner in the year 2013 to introduce basic infrastructure
facilities for driving school, it was challenged before this court in
several writ petitions. The challenge was made mainly on the
ground that it was one issued by the Transport Commissioner
without authority since the framing of regulation for driving
schools falls within the exclusive premises of the Central
Government. It was held by this court in Ext.R2(a) judgment that
prescription made in the Circular for a uniform procedure and
standard in the matter of licencing of driving schools is perfectly
in order and falling within the power of the Transport
Commissioner. It was found that if the instructions in the Circular
do not run counter to the Central Motor Vehicles Rules, then
there could be no allegation of lack of power raised against the
Transport Commissioner who acts as the head of the Transport
Department as prescribed in Rule 405 of Kerala Motor Vehicles
Rules framed under Section 213 of the Motor Vehicles Act. A
perusal of the impugned Circular prima facie shows instructions
therein do not run counter to, but appear to be harmonious with
the provisions of the Central Motor Vehicles Rules and issued to
WP(C) No.10615/2024 8/9 Order Date : 03-05-2024
WP(C) No. 10615/2024 & conn.cases
bring standard in driving test in the light of the increasing
number of road accidents, considering public safety which is the
prime object of the Motor Vehicles Act. So far as the contention
regarding the retrospective application of the Circular is
concerned, the applicant in WP(C) No.13187/2024 cannot be
heard to contend that the Circular will not apply to him in as
much as he is yet to appear for the final driving test.
7. For the reasons stated above, I see no reason to grant
a stay for the implementation of the Circular. Hence, the interim
relief sought for in all the writ petitions is declined.
Post the writ petitions for hearing on 21/5/2024.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Rp
WP(C) No.10615/2024 9/9 Order Date : 03-05-2024
APPENDIX OF WP(C) 10615/2024
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.
