SOUTH INDIA DRIVING SCHOOLS OWNERS FEDERATION Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) All these appeals are filed by the various Associations of the Driving School owners against the common order dated 28.10.2009 passed by the learned single Judge in WP Nos. 12837 of 2009, 279 of 2008, 36100 of 2007, 36101 of 2007, 2259 of 2008 and 35479 of 2007 respectively.

(2.) The main contentions urged by the appellants are, by the Circular dated 31.07.2007 bearing Circular No.43/07, the Special Commissioner and Transport Commissioner has directed all the licensing authorities to take into account the matters enlisted in para No.3.1.1 to 3.1.48 while considering the application for grant of license for establishing a driving school. The appellants are aggrieved by clause 3.1.2 relating to infrastructural amenities to be provided whereby it was directed that the driving schools should have fire-proof pucca building, either owned by the licensee or taken under lease or rent in their name for atleast five years having a minimum space of 1000 sq.ft., so as to have enough space for providing all the requirements namely space for office room measuring 10' X 10', space for lecture hall having an extent of 15' X 10', space for traffic education room to an extent of 15' X10', adequate parking area within the premises of the school to accommodate the vehicles in which instructions are imparted with one motor cycle and one Light Motor Vehicle 350 sq.ft., an additional space at the rate of 560 sq.ft., for heavy passenger motor vehicle and 420 sq.ft., for heavy goods vehicle. Further, it was contemplated that all basic amenities such as drinking water, toilet facilities, rest room etc., should be provided in the driving schools. There are various other conditions imposed in the circular such as furnishing solvency certificate for a sum of not less than Rs.3 lakhs and public roads should not be used for imparting driving training by the training school. According to the appellants, if the circular issued by the second respondent is implemented, then almost all the driving schools across the State have to be closed down, as the conditions stipulated in the circular are onerous. If the driving schools are required to be established in a land having an extent of 1000 sq.ft., in a city like Chennai, even if the land is owned or taken on rent, it would require atleast Rs.30,000/- to Rs.55,000/- as rent per month with one instructor for every 20 students, which is practically not possible. Furthermore, the direction issued by the Transport Commissioner is invalid as he has no authority to issue such circular and only the Central Government is entitled and empowered to impose any condition or make any Rule or issue direction. The scheme of Motor Vehicles Act, 1998 in respect of matters which require uniformity in standard throughout the country contemplates that it is the Central Government which is empowered to frame Rules and therefore the circular dated 31.10.2007 was issued without authority of law.

(3.) The learned single Judge, considering the argument of counsel on either side and after elaborate discussion, dismissed the writ petitions by a common order dated 28.10.2009, resultantly, the present writ appeals have been filed by the appellants.