NEW DELHI: A quixotic rule meant to check connivance of Delhi's transport department officials with private driving schools has backfired on the Delhi government, with the high court staying it.
Justice Manmohan in a recent order said the rule that relatives of transport department officials can't operate such schools is "prima facie against the Constitution of India" and made it clear to the government that it can't insist on this condition before granting licence to the schools.
"In every civilized society, there is a presumption of innocence of every individual till proven guilty. If such a condition imposed by the Delhi government is accepted, then tomorrow a condition could be imposed that family members of transport department employees shall not be granted a driving licence as there is a possibility that it may have been procured through influence," the court noted.
HC's orders came on a batch of petitions filed by All India Motor Driving Training School Association and few individuals, challenging the new guidelines issued in August and September for grant of fresh licence and/ or renewal of licence for driving schools. The revised norms govern issuance of motor training school licences.
The operators argued that the condition that no individual applicant or member of society or director of a company should be a family member, or immediate sibling of any current employee of government's transport department, violates right to equality and freedom to work.
During the course of hearing, HC was informed by the petitioners that there are only fifty licensed Motor Driving Training Schools. It pointed out "if such a condition is upheld, it may lead to closure of quite a few of them."
The court granted further relief to the operators by reducing the insistence of solvency certificate of Rs.10 lacs to Rs 3 lacs on the ground that the upper figure "seems to be unduly harsh and excessive."
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Justice Manmohan in a recent order said the rule that relatives of transport department officials can't operate such schools is "prima facie against the Constitution of India" and made it clear to the government that it can't insist on this condition before granting licence to the schools.
"In every civilized society, there is a presumption of innocence of every individual till proven guilty. If such a condition imposed by the Delhi government is accepted, then tomorrow a condition could be imposed that family members of transport department employees shall not be granted a driving licence as there is a possibility that it may have been procured through influence," the court noted.
HC's orders came on a batch of petitions filed by All India Motor Driving Training School Association and few individuals, challenging the new guidelines issued in August and September for grant of fresh licence and/ or renewal of licence for driving schools. The revised norms govern issuance of motor training school licences.
The operators argued that the condition that no individual applicant or member of society or director of a company should be a family member, or immediate sibling of any current employee of government's transport department, violates right to equality and freedom to work.
During the course of hearing, HC was informed by the petitioners that there are only fifty licensed Motor Driving Training Schools. It pointed out "if such a condition is upheld, it may lead to closure of quite a few of them."
The court granted further relief to the operators by reducing the insistence of solvency certificate of Rs.10 lacs to Rs 3 lacs on the ground that the upper figure "seems to be unduly harsh and excessive."
Stay updated on the go with Times of India News App. Click here to download it for your device.
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