High Court Kerala High Court

N.Jayadevan vs The Licensing Authority on 29 June, 2009

Kerala High Court
N.Jayadevan vs The Licensing Authority on 29 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17980 of 2009(N)


1. N.JAYADEVAN, S/O.NARAYANAN,
                      ...  Petitioner

                        Vs



1. THE LICENSING AUTHORITY, ERNAKULAM.
                       ...       Respondent

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :29/06/2009

 O R D E R
                        V.GIRI, J
                      -------------------
                  W.P.(C).17980/2009
                      --------------------
          Dated this the 29th day of June, 2009

                      JUDGMENT

Petitioner is a driver holding Ext.P1 licence

which was valid upto 5.6.2009. He filed an

application, Ext.P2, for renewal of the licence which he

alleges has not been entertained, as per Rule 8 of the

Central Motor Vehicles Rules which reads as follows:-

“The minimum educational qualification in

respect of an applicant for obtaining a

license to drive a transport vehicle shall be

a pass in the eighth standard.

Provided that the minimum educational

qualification specified in this Rule shall not

apply the case of –

(i)renewal of driving license to drive a

transport vehicle;

(ii).addition of another class of transport

vehicle to the driving license.

Already held before the commencement of

the Motor Vehicles [Amendment] Rules,

2007.

W.P.(C).17980/09
2

2. Learned counsel for the petitioner is right in

submitting that the minimum educational qualification

required as above, will not apply to the case of

renewal of a licence. If that be so, Ext.P2 shall be

entertained, and orders shall be passed within three

weeks from the date of receipt of a copy of this

judgment.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs