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If you think that holding a driving licence is a certification of your driving skills,just wait till you hear this Delhi High Court ruling.
The Delhi High Court has held that possessing a driving licence does not give a person unfettered eligibility to drive a private or commercial vehicle. According to the court,a person cannot legally exert his rights as a skilled driver on the ground that he possessed a licence and that if he failed a driving test conducted by a private person or a public body,the document will not come to his rescue .
The Division Bench of Justices Pradeep Nandarajog and M C Garg made these observations while deciding a writ petition filed by Y S Dagar,who was declined the job of a driver in the Delhi Transport Corporation (DTC) though he held a valid heavy motor vehicles (HMV) licence. Dagar had applied for the job advertised in 2007. But while he passed the written exam,he failed to clear the skill test conducted by the Institute of Driving Training and Research in August 2008.
Aggrieved,Dagar then approached the Central Administrative Tribunal and challenged the decision. Calling the decision arbitrary and biased,he argued how he could be declared unfit when had been driving heavy vehicles for a private firm for the last eight years. He also annexed media reports stating the selection procedure was plagued by corruption and prejudices.
The tribunal,however,refused to interfere and dismissed his petition.
Dagar then moved the Delhi High Court. He based his writ on the ground that he held a valid licence certifying and authorising him to drive heavy motor vehicles and that the issuance of the licence by the competent authority was conclusive proof of his driving skills.
The Bench,however,disagreed with his arguments and noted that possessing a licence was not enough. An HMV licence is not conclusive proof of his driving skills. A person who possesses a driving licence pertaining to heavy motor vehicles,need not always pass a driving test conducted by the employer, held the Bench.
The court also dismissed his request for conducting a second test saying the selection processes for appointment was an ongoing process and not to be interdicted on sympathetic considerations.
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