B.S. Sanadha Raj and Another Vs. Commissioner of Transport, Hyderabad and Others - Court Judgment

Excerpt:
motor vehicles - fitness certificate - sections 8 (3) and 30 (3) of motor vehicles act, 1988 and rules 43 and 77 of a.p. motor vehicles rules, 1989 - physical fitness certificate issued by registered medical practitioner valid for purpose of getting license or not - held, in view of changes made in rule licensing authority can accept fitness certificate issued by medical practitioner with degree in allopathic medicine only. - - 3. the learned counsel for the petitioners submits that section 8(3) of the motor vehicles act, 1988 read with rules 5(1) (3), 7, 10(a), 14 (d) and 18 (d) of the central motor rules, 1989 and the prescribed form 1-a, clearly indicate that the licensing authorities are bound to follow the said rules by accepting the medical certificates issued by the registered medical practitioners with the minimum qualification of mbbs degree alone, and they cannot accept the medical certificates issued by the registered medical practitioners, who do not possess the minimum qualification of mbbs degree.order1. heard the learned counsel for the petitioners and the learned government pleader for transport.2. this writ petition is filed to issue a writ of mandamus directing the commissioner of transport, hyderabad to accept the medical certificates issued by the registered medical practitioners possessing minimum qualification of mbbs degree in allopathy or any equivalent qualification of any university in india for the purpose of obtaining the learner's licence and conductor's licence, and not to accept the medical certificates issued by the registered medical practitioners, who do not possess the equivalent qualification of mbbs degree.3. the learned counsel for the petitioners submits that section 8(3) of the motor vehicles act, 1988 read with rules 5(1) (3), 7, 10(a), 14 (d) and 18 (d) of the central motor rules, 1989 and the prescribed form 1-a, clearly indicate that the licensing authorities are bound to follow the said rules by accepting the medical certificates issued by the registered medical practitioners with the minimum qualification of mbbs degree alone, and they cannot accept the medical certificates issued by the registered medical practitioners, who do not possess the minimum qualification of mbbs degree.4. the learned government pleader for transport submits that in view the newmotor vehicles act, 1989, which came into force with effect from 1-7-1989, a notification has been issued in g.o. ms. no-25, transport, roads and buildings (tr.ii) department, dated 6-2-1992 in exercise of the powers conferred by sections 8(3) and 30(3) of the motor vehicles act, 1988 read with rules 43 and 77 of the andhra pradesh motor vehicles rules, 1989 declaring that the registered medical practitioners possessing the degree of mbbs in allopathy or any equivalent qualification of any university in india established or incorporated by or under central act or a state act or an institution recognised by the university grants commission shall be the authorities competent to issue a medical certificate for the purpose of obtaining a learner's licence and conductor's licence.5. it is further submitted that it is true to contend that the medical certificates issued by the registered medical practitioners possessing the degree qualification of mbbs in allopathy or equivalent qualification alone shall be accepted for the purpose of giving learner's licence, conductor's licence, etc., and the declaration as to the physical fitness to be given by the applicant in form (a) to (g) of part-i and (a) to (c) under part-ii of form i shall be certified by the registered medical practitioners of allopathy with a minimum qualification of mbbs alone.6. in view of the aforesaid legal position, this writ petition is allowed declaring that the transport authorities are not empowered to accept the medical certificates issued by the registered medical practitioners without having the minimum qualification of mbbs degree in allopathy or equivalent degree granted by any university established as per the notification in g.o. ms. no.25, transport, roads and buildings (tr.ii) department, dated 6-2-1992. no costs.

Judgment:
ORDER

1. Heard the learned Counsel for the petitioners and the learned Government Pleader for Transport.

2. This writ petition is filed to issue a writ of mandamus directing the Commissioner of Transport, Hyderabad to accept the Medical Certificates issued by the Registered Medical Practitioners possessing minimum qualification of MBBS Degree in Allopathy or any equivalent qualification of any University in India for the purpose of obtaining the Learner's Licence and Conductor's Licence, and not to accept the Medical Certificates issued by the Registered Medical Practitioners, who do not possess the equivalent qualification of MBBS Degree.

3. The learned Counsel for the petitioners submits that Section 8(3) of the Motor Vehicles Act, 1988 read with Rules 5(1) (3), 7, 10(a), 14 (d) and 18 (d) of the Central Motor Rules, 1989 and the prescribed Form 1-A, clearly indicate that the Licensing Authorities are bound to follow the said Rules by accepting the Medical Certificates issued by the Registered Medical Practitioners with the minimum qualification of MBBS Degree alone, and they cannot accept the Medical Certificates issued by the Registered Medical Practitioners, who do not possess the minimum qualification of MBBS Degree.

4. The learned Government Pleader for Transport submits that in view the newMotor Vehicles Act, 1989, which came into force with effect from 1-7-1989, a notification has been issued in G.O. Ms. No-25, Transport, Roads and Buildings (TR.II) Department, dated 6-2-1992 in exercise of the powers conferred by Sections 8(3) and 30(3) of the Motor Vehicles Act, 1988 read with Rules 43 and 77 of the Andhra Pradesh Motor Vehicles Rules, 1989 declaring that the Registered Medical Practitioners possessing the Degree of MBBS in Allopathy or any equivalent qualification of any University in India established or incorporated by or under Central Act or a State Act or an institution recognised by the University Grants Commission shall be the authorities competent to issue a Medical Certificate for the purpose of obtaining a Learner's Licence and Conductor's Licence.

5. It is further submitted that it is true to contend that the Medical Certificates issued by the Registered Medical Practitioners possessing the Degree qualification of MBBS in Allopathy or equivalent qualification alone shall be accepted for the purpose of giving Learner's Licence, Conductor's Licence, etc., and the declaration as to the physical fitness to be given by the applicant in Form (a) to (g) of Part-I and (a) to (c) under Part-II of Form I shall be certified by the Registered Medical Practitioners of Allopathy with a minimum qualification of MBBS alone.

6. In view of the aforesaid legal position, this writ petition is allowed declaring that the Transport Authorities are not empowered to accept the Medical Certificates issued by the Registered Medical Practitioners without having the minimum qualification of MBBS Degree in Allopathy or equivalent Degree granted by any University established as per the notification in G.O. Ms. No.25, Transport, Roads and Buildings (Tr.II) Department, dated 6-2-1992. No costs.