Instructions Do Not Run Counter To Central Motor Vehicles Rules: Kerala HC Refuses To Stay Govt Circular For New Driving Test Regulations

The Kerala High Court refused to stay the government circular for new driving test regulations.

The Court was dealing with a writ petition preferred by Driving School Owners’ Samithi against the circular issued by the Transport Commissioner of Kerala.

A Single Bench of Justice Kauser Edappagath said, “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 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.”

Advocate Premchand M. appeared for the petitioner while Special Government Pleader P. Santhoshkumar appeared for the respondents.

In this case, as per the government circular, key changes were made and new regulations were introduced for driving test. A writ petition was filed by the owners of the driving schools imparting training in driving. The counsel for the petitioners submitted that the new circular would be implemented from May 5 onwards and they pressed for an interim order to stay the implementation of the same.

The petitioners mainly challenged the circular as one issued without authority and violates various provisions of the Motor Vehicles Act and Rules. It was argued that the power to frame Rules and framing guidelines for conducting driving test and issuance of licence is vested only with the Central Government and that the Transport Commissioner has no power to issue any such circular.

The High Court after hearing the arguments of the counsel observed, “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.”

The Court added that 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.

Accordingly, the Court refused to grant stay for implementation of the circular, declined the interim relief, and posted the case for hearing on May 21, 2024.

Cause Title- Driving School Owners’ Samithi v. The State of Kerala & Ors.

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