Consider Inclusion Of Provisions For License Transfer To Successor On Death Of Licensee In Motor Driving School Scheme: Rajasthan HC To State

The Court quashed the impugned order which rejected the application filed by the petitioner for the transfer of license for running a motor driving school, which was issued in the name of the petitioner’s late husband.

A Single Bench of Justice Rekha Borana observed, “True it is that there is no specific provision providing for transfer of license on the death of a licensee but then, there is no specific provision even restraining for the same. Meaning thereby, the Rules of 1989 and the Scheme of 2018 are silent on the aspect as to what would be the consequence on the death of a licensee. Neither do they provide for automatic cancellation of the license nor for transfer of the same in favour of the successor/legal representative of the licensee.”

Advocate Vivek Firoda appeared for the petitioner, while AAG Sajjan Singh Rathore represented the respondents.

The husband of the petitioner was issued a license/authority letter for establishment of a motor driving school which was renewed from time to time and was valid till 2027. The petitioner filed an application for the transfer of the license in her name upon the unfortunate demise of her husband. However, when no action been taken upon her application, she preferred a writ petition.

The petition was rejected on the premise that there was no provision in the Central Motor Vehicles Rules, 1989 (Rules of 1989) or in the Motor Driving School Registration Scheme, 2018 (Scheme of 2018) for the transfer of a Motor Driving School license.

The High Court stated that the Scheme of 2018 had no provision for automatic cancellation of the license on death of a licensee. “Hence, as a word of advise, it is expected of the State of Rajasthan to take up the issue in larger public interest and consider the inclusion of some provision for transfer of the license in the name of successor/legal representative on the death of a licensee, in the Scheme/Rules governing issuance of the license for running of a Motor Driving School,” the Court stated.

“In the specific opinion of this Court, the approach of licensing authority cannot be said to be in terms of the equitable principles of law. Evidently, the application of the petitioner has been rejected on the premise that there is no provision prescribing for transfer of license but then, a bare perusal of the Scheme of 2018 makes it clear that there is no provision for automatic cancellation of the license on death of a licensee, either,” it remarked.

Since the law is silent on the fate of a license upon the death of a licensee, the Court observed that “it is the bounden duty upon the Courts to balance the equities and to ensure the grant of equitable relief. As is the settled position of law, in the matters where the statute is silent regarding any eventuality, the Courts would not be handicapped to pass appropriate orders to grant an equitable relief so as to justify the interest of justice and to balance the equities in favour of the contesting parties.”

Consequently, considering the basic principle governing equity, justice and good conscience, the Court held that “the blind rejection of the request of the petitioner for transfer of the license only on the premise of there being no provision for the same, cannot be held to be good and cannot be permitted.”

“The respondent authorities shall be under an obligation to consider the application as preferred by the petitioner, denovo, and consider the eligibility of the petitioner with reference to Rule 24 of the Rules of 1989,” the Bench directed.

Accordingly, the High Court disposed of the petition.

Cause Title: Bhanwri v. State Of Rajasthan & Ors. (Neutral Citation: 2024:RJ-JD:41783)

Appearance:

Petitioner: Advocate Vivek Firoda

Respondents: AAG Sajjan Singh Rathore; Advocate Rajendra Singh

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