- (1.) The petitioner before us is a motor driving training College of Muzaffarnagar, which possesses a valid licence to impart instructions in driving of motor vehicles. It has filed this writ petition assailing an office order dated 2/06/1992, issued by the Deputy Transport Commissioner, Meerut Region ('Commissioner' for short), whereby, it claims, its right to carry on business has been seriously affected. According to it, the impugned order is dehors Section 9 of the Motor Vehicles Act, 1988 ('Act' for short).
(2.) To appreciate the contentions of the petitioner, it will be apposite at this stage to refer to the contents of the impugned office order. In the order it has been first stated that it has often been seen that on the basis of certificates issued by recognised driving training schools of one District, driving licences are being granted by the licensing authorities of other Districts while there is licensing office in the District concerned from where they (the schools) can get licences for their trainees after test. It has next been stated therein that under the Motor Vehicles Rules, the owner of the school trainer has to produce his trainees for test by the vehicle of his school before the licensing authority and the latter is to pass necessary orders regarding grant of licence on the basis of the test. It has lastly been stated in the said order that Section 9 of the Act lays down that licence under Section 12 is to be issued by the licensing authority of the District in which the recognised training school is situated. On the basis of the aforesaid statements, the Commissioner has directed, by the impugned order, all the licensing authorities of his region that in the matter of grant of licences they should ensure strict compliance with the provisions if the Act and issue licences after all the formalities are complete.
(3.) In assailing the above office order, Mr. Naithani, the learned Counsel appearing for the petitioner, has first submitted that in view of the clear provisions of Section 9(1) of the Act, there is no legal embargo on grant of a driving licence to a resident of one District by the appropriate authority of that District even if he had received instructions in driving in a motor driving training school situated in another District. Besides, Mr. Nalthani has next submitted, the Central Rules framed under the Act nowhere lays down that the owner of the school/trainer has to produce his trainees for test by the vehicle of his school before the licensing authority, as stated by the Commissioner in the impugned order.;