Kerala High Court
Joseph.P.C vs The Transport Commissioner 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
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: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,
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: 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
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
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
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W.P.(C) No.10615/2024 & Connected cases
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,
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W.P.(C) No.10615/2024 & Connected cases
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
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
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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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
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W.P.(C) No.10615/2024 & Connected cases
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
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W.P.(C) No.10615/2024 & Connected cases
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
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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
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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.
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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
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W.P.(C) No.10615/2024 & Connected cases
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.
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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
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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
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Exhibit P9a TRANSLATION OF EXHIBIT P9
Exhibit P10a TRANSLATION OF EXHIBIT P10
Exhibit P11a TRANSLATION OF EXHIBIT P11
Exhibit P12a TRANSLATION OF EXHIBIT P12
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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
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
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
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
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
