TMI Blog1983 (3) TMI 302X X X X Extracts X X X X X X X X Extracts X X X X ..... ing in driving heavy motor vehicles. After completion of his training he obtained a certificate from the said driving school and applied on July 22, 1976 through it for a licence to drive heavy motor vehicles. The Respondent in Civil Appeal No. 2489 of 1977 had applied on July 20, 1976 for a learner's licence to drive heavy motor vehicles. The Respondent in Civil Appeal No. 2490 of 1977 as also the Respondent in Civil Appeal No. 2491 of 1977 were both running schools for imparting training in driving heavy motor vehicles and each held a licence to impart training in driving heavy motor vehicles and had trained several persons. After successful completion of their training each of them had applied for a licence for driving heavy motor vehicles. All the aforesaid applications were rejected by the Licensing Authority on the ground that the Respondents did not satisfy the requirements of the impugned sub-rule (2) of rule 5. The respondents thereupon approached the Karnataka High Court under Article 226 of the Constitution of India by filing separate writ petitions. The High Court struck down the said sub-rule (2) of rule 5 on the ground that it was repugnant to the provisions of se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve a motor vehicle in any public place and subject to the provisions of section 14 no person under the age of 20 years shall drive a transport vehicle in any public place. Section 7 deals with the grant of driving licences. The relevant provisions of section 7 at the material time were as follows: 7. Grant of driving licence- (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licensing authority having jurisdiction in the area-for the issue to him of a driving licence. (3) Where the application is for a driving licence to drive as a paid employee or to drive a transport vehicle, or where in any other case the licensing authority for reasons to be stated in writing so requires, the application shall be accompanied by a medical certificate in Form C, as set forth in the First Schedule, signed by a registered medical practitioner. (5) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability specified in the Second Schedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) of that section is in general terms and confers powers upon a State Government to make rules for the purpose of carrying into effect the provisions of Chapter II of the Act. Without prejudice to the generality of the above power sub-section (2) of section 21 enumerates specific matters in respect of which a State Government may make rules. In pursuance of the power conferred by section 21 the Government of Mysore made the Mysore Motor Vehicles Rules, 1963, now known as the Karnataka Motor Vehicles Rules, 1963. Chapter II of the said rules deals with the licensing of drivers of motor vehicles. Rule 4 prescribes that the licensing authority for issue of driving licences shall be the Regional Transport Officer of the region concerned. Rule 6 confers powers upon the licensing authority to which applications are made for authorization to drive a transport vehicle, to make enquiries regarding the character and antecedents of the applicant notwithstanding that the applicant had previously passed the test. Rule 5 of this Chapter deals with the authorization to drive transport vehicles and the necessity for such authorization. Under sub-rule (1) of rule 5 no person is to drive a transpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis of this sub-rule that the Respondents' applications for driving licence were rejected by the licensing authority. At the hearing of these appeals the correctness of the decision of the Mysore High Court in Cyril Lobo v. State of Mysore Ors. was not challenged before us. What was, however, contended by the Appellants was that by reason of the substituted clause (aa) in subsection (2) of section 21, the State of Karnatka had the power to prescribe qualifications of persons to whom licences to drive transport vehicles are issued and that what the said rule 5 2) did was to prescribe additional qualifications which an applicant for a licence to drive a heavy motor vehicle was to possess before he became entitled to the grant of such licence, and that by virtue of this specific power conferred upon the State Governments by section 21(2) (aa), the State of Karnataka could validly prescribe the qualifications laid down in Rule 5(2). On behalf of the Respondents it was submitted that rule-making power could not be so conferred as to enable the rule-making authority to travel beyond the scope of the parent Act or to frame a rule which is repugnant or contrary to an express p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while from clause (a) of sub-section (7) of section 7 it automatically follows that a person who passes the test in driving a heavy' motor vehicle is to be deemed also to have passed the test in driving any medium motor vehicle, under the said sub-rule (2) of rule 5 he cannot obtain a licence to drive a heavy motor vehicle unless he has already possessed a licence to drive a medium motor vehicle and has experience in driving it for a period of at least two years which licence he could not obtain unless he has previously passed the test in driving a medium motor vehicle. Thus, the provisions of the said sub- rule (2) of rule 5 are obviously inconsistent with the provisions of sub-sections (7) and (8) of section 7. The said sub-rule does not merely prescribe a qualification not provided for in the Act, but prescribes a qualification which is contrary to that provided in the Act. Under sub- section (8) of section 7 on satisfying the conditions provided in sections 4 and 7 and on the payment of the requisite fee, the applicant becomes entitled to the grant of a driving licence. This right of an applicant for a licence to drive a heavy motor vehicle is sought to be whittled down by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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