Kochi, Kerala High Court has stayed a single judge's order upholding the Motor Vehicles Department (MVD) circular which made driving test mandatory for renewal of license if it is within one year of the expiry of the license. Renewal has been applied for after more than
A bench of Chief Justice AJ Desai and Justice VG Arun granted an interim stay on the March 5 order of a single judge on the plea of a person whose renewed license was later seized by the MVD for not following the circular issued in 2019. was taken.
The court listed the matter for further consideration on July 10.
The driving license of the petitioner had expired in October 2020 and according to him he could not renew it due to the COVID-19 pandemic.
The petitioner, who was working in UAE, reached Kerala in June 2022, applied for renewal in July 2022 and the RTO renewed it till 2032.However, when he submitted the application to replace his laminated driving license with a smart card, he received a show cause notice to appear before the RTO.
When he sought time to appear, he later received a second show cause notice, upon inquiring he learned that the action was being taken because he had not completed the qualifying road test while renewing his license as required under the 2019 circular. did.
According to the 2019 circular, any person applying for renewal of driving license after one year of expiry but before five years will have to submit an application for a learner license and undergo a driving test and qualifying road test.
The petitioner, Sebastian Jacob, had claimed before the single judge that as per the provisions of Section 9(3) of the Motor Vehicles Act - which deals with the granting of driving licenses - if the application for renewal was made before expiry. No driving test was required for five years.The single judge, disagreeing with his argument, had said that as per the second provision of Section 15(4) – which deals with renewal of driving license – of the Act after its amendment in 2019, the driving test was mandatory.
Acknowledging the discrepancy between the two provisions, the single judge held that the second provision of Section 15(4) would apply as it relates to renewal and the second clause relates to grant of driving license.
The judge had also said that "the intention of the law makers is clear from the amendments brought in the year 2019, under which Section 15 relating to renewal of license has been amended so as to make the examination of eligibility for applying for renewal mandatory. Made one year after the expiry of the previous license."
“Admittedly, the petitioner (Jacob) has applied for renewal of driving license only after one year of the expiry of the previous driving licence.Therefore, the petitioner will have to undergo a test of competency to drive for the purpose of renewal of driving license,” the judge said.
In his appeal against the single judge's decision, Jacob has argued that the second provision of section 15(4) of the Act applies to an instance where the license has ceased to be effective – where a person is disqualified under section 19 Has been declared. Act by holding a license for a specific period.
He has claimed that the interpretation given by the single judge to the provisions ignores that the expiry of the license and the license ceasing to be effective are two different contingencies.
A bench of Chief Justice AJ Desai and Justice VG Arun granted an interim stay on the March 5 order of a single judge on the plea of a person whose renewed license was later seized by the MVD for not following the circular issued in 2019. was taken.
The court listed the matter for further consideration on July 10.
The driving license of the petitioner had expired in October 2020 and according to him he could not renew it due to the COVID-19 pandemic.
The petitioner, who was working in UAE, reached Kerala in June 2022, applied for renewal in July 2022 and the RTO renewed it till 2032.However, when he submitted the application to replace his laminated driving license with a smart card, he received a show cause notice to appear before the RTO.
When he sought time to appear, he later received a second show cause notice, upon inquiring he learned that the action was being taken because he had not completed the qualifying road test while renewing his license as required under the 2019 circular. did.
According to the 2019 circular, any person applying for renewal of driving license after one year of expiry but before five years will have to submit an application for a learner license and undergo a driving test and qualifying road test.
The petitioner, Sebastian Jacob, had claimed before the single judge that as per the provisions of Section 9(3) of the Motor Vehicles Act - which deals with the granting of driving licenses - if the application for renewal was made before expiry. No driving test was required for five years.The single judge, disagreeing with his argument, had said that as per the second provision of Section 15(4) – which deals with renewal of driving license – of the Act after its amendment in 2019, the driving test was mandatory.
Acknowledging the discrepancy between the two provisions, the single judge held that the second provision of Section 15(4) would apply as it relates to renewal and the second clause relates to grant of driving license.
The judge had also said that "the intention of the law makers is clear from the amendments brought in the year 2019, under which Section 15 relating to renewal of license has been amended so as to make the examination of eligibility for applying for renewal mandatory. Made one year after the expiry of the previous license."
“Admittedly, the petitioner (Jacob) has applied for renewal of driving license only after one year of the expiry of the previous driving licence.Therefore, the petitioner will have to undergo a test of competency to drive for the purpose of renewal of driving license,” the judge said.
In his appeal against the single judge's decision, Jacob has argued that the second provision of section 15(4) of the Act applies to an instance where the license has ceased to be effective – where a person is disqualified under section 19 Has been declared. Act by holding a license for a specific period.
He has claimed that the interpretation given by the single judge to the provisions ignores that the expiry of the license and the license ceasing to be effective are two different contingencies.
