- (1.) This group of four appeals by special leave is directed against a common judgment and order of the Karnataka High Court in four writ petitions whereby the High Court struck down sub-rule (2) inserted in Rule 5 of the Karnataka Motor Vehicles Rules, 1963, by Notification No. HD 16 TMR 73 dated July 7, 1976, as being ultra vires the Motor Vehicles Act, 1939 (Act 4 of 1939) (hereinafter referred to as 'the Act').
(2.) The Respondent in Civil Appeal No. 2488 of 1977, had obtained a learner's licence for driving heavy motor vehicles under the said Rules and had obtained training in Crown Motor Driving School, Bangalore, which was an institution recognised by the Government of Karnataka under Rule 30 of the said Rules. He also held a licence to impart training 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 Section 7 of the Act and allowed the said four writ petitions. The Appellants, who are the State of Karnataka and the concerned Regional Transport Officers, have filed these appeals by special leave against the said judgment and order.
(3.) To appreciate what the High Court held and the arguments advanced at the Bar before us, it is necessary to refer first to the relevant provisions of the Act. Section 2 of the Act is the interpretation clause. Clause (9) of Section 2 prior to its amendment by Act 47 of 1978 defined a "heavy motor vehicle" as meaning "a transport vehicle or omnibus the registered laden weight of which, or a motor car or tractor the unladen weight of which, exceeds 11000 kilograms". By the aforesaid amending Act with effect from January 16, 1979, the said clause (9) was substituted by a new clause (9) and clause (9-A) which define "heavy goods vehicle" and "heavy passenger motor vehicle" respectively. We are not concerned with these amendments in the present appeals. Clause (13) of Section 2 defines a "light motor vehicle" as meaning "a transport vehicle or omnibus the registered laden weight of which, or a motor car or tractor the unladen weight of which, does not exceed 4000 kilograms." Clause (14) of Section 2 prior to its amendment by the aforesaid Amending Act defined a "medium motor vehicle" as meaning "any motor vehicle other than a motor cycle, invalid carriage, light motor vehicle, heavy motor vehicle or road-roller." By the said Amending Act, with effect from January 16, 1979, Clause (14) was substituted by a new clause (14) and clause (14-A) which define "medium goods vehicle" and "medium passenger motor vehicle" respectively. We are equally not concerned with these amendments in the present appeals. Chapter II of the Act deals with licensing of drivers of motor vehicles. Section 3(1) of the Act prohibits any person from driving a motor vehicle in any public place unless he holds an effective driving licence authorizing him to drive the vehicle. It further prohibits any person from driving a motor vehicle in any public place as a paid employee or from driving a transport vehicle unless his driving licence specifically entitles him to do so. Section 4 prescribes the age limit in connection with the driving of motor vehicles. Under that section no person under the age of 18 shall drive 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 practioner. (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 Schedule or any other disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorized by the driving licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the driving licence. (6) No driving licence shall be issued to any applicant unless- he passes to the satisfaction of the licensing authority the test of competence to drive specified in the Third Schedule : X X X X X X (7) The test of competence to drive shall be carried out in a vehicle of the type of which the application refers, and, for the purposes of Part I of the test,- (a) a person who passes the test in driving a heavy motor vehicle shall be deemed also to have passed the test in driving any medium motor vehicle or light motor vehicle; (b) a person who passes the test in driving a medium motor vehicle shall be deemed also to have passed the test in driving any light motor vehicle. (8) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness and of his competence to drive and has paid to the authority a fee of eleven rupees, the licensing authority shall grant the applicant a driving licence unless the applicant is disqualified under Section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a driving licence X X X X X X It may be mentioned that in view of the insertion of new clauses (9), (9-A), (14) and (14-A) in Section 2 by Act 47 of 1978 subsection (7) of Section 7 has also been amended so as to provide for a person passing the test for driving a heavy goods vehicle, a heavy passenger motor vehicle, a medium goods vehicle and a medium passenger motor vehicle. As all these amendments are subsequent to the writ petitions filed by the Respondents and came into force with effect from January 16, 1979, we are not concerned with them in these appeals.;