GANESH KAMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these four petitions, amendment to the Karnataka Motor Vehicles Rules, 1963, by Notification No.HD 16 TMR 73 dt. 7th July 1976, introducing sub-rule(2) to Rule 5 is challenged. Rule 5(2) is as follows :

(2.) It is contended that the said sub-rule is repugnant to the provisions in the Motor Vehicles Act (Central Act IV of 1939) (hereinafter called the 'Act'), and accordingly ultra vires.

(3.) The petitioner in the first writ petition had obtained a learner's licence to learn driving heavy motor vehicles under the Karnataka Motor Vehicles Rules 1963 (hereinafter called the 'Rules') and obtained training in Crown Motor Driving School, Mangalore, which was an ins itution recognised by the Govt of Karnataka under Rule 30 of the Rules and held licence to impart training in driving heavy motor vehicles. After completion of the training, he obtained a certificate from the School and applied through the said school, for licence to drive heavy motor vehicles, on 22nd July 1976. But the Licensing Authoriity rejected his application referring to the notification under which Rule 5 (2) was introduced and holding that the petitioner had not complied with the requirements of Rule 5(2) and his application to offer test of competence for issue of license for driving heavy motor vehicles was to be rejected.