After the Regional Transport Office in Pune rejected his application for a learner’s driving licence citing his disability, a hearing-impaired man on Thursday challenged the RTO’s order in the Bombay high court.
Chief Justice Mohit Shah has issued notices to the respondents,
including Union ministry of social justice and empowerment, Maharashtra
government, transport commissioner and RTO, Pune to file their replies
to the petition before November 28.
Petitioner Amit Tribhuvan is a cleaner with Sasoon Hospital in Pune. The RTO, on August 28 this year, had rejected his application for a learner’s driving licence under Section 8(4) of Motor Vehicles Act, which says that that if a person who has applied for a learner’s driving licence is suffering from a disease or disability which might put public or vehicles in danger, the RTO may reject such application and refuse to issue the licence.
Mr Tribhuvan has challenged the constitutional validity of Section 8(4) of the Act. According to him, his Right to Freedom and Right to Employment had been hindered by the RTO’s decision to deny him a learner’s licence. This action is discriminatory towards disabled and therefore ultravires the Right to Equality and Right to Life guaranteed by the constitution.
In his petition, Mr Tribhuvan has contended that a Central government expert committee, set up under the Persons with Disabilities Act, had recognised the ability of hearing-impaired persons to drive a vehicle. The committee also recommended that auto and motorcycle rickshaw drivers can be considered for government jobs.
Government pleader S.S. Shinde argued that if licences were to be issued to the persons with permanent hearing impairment, they would be a source of danger to public and vehicular traffic. “The transport office had followed the provisions of the Motor Vehicles Act in refusing to issue learner’s driving licence to the petitioner,” he said.
Petitioner Amit Tribhuvan is a cleaner with Sasoon Hospital in Pune. The RTO, on August 28 this year, had rejected his application for a learner’s driving licence under Section 8(4) of Motor Vehicles Act, which says that that if a person who has applied for a learner’s driving licence is suffering from a disease or disability which might put public or vehicles in danger, the RTO may reject such application and refuse to issue the licence.
Mr Tribhuvan has challenged the constitutional validity of Section 8(4) of the Act. According to him, his Right to Freedom and Right to Employment had been hindered by the RTO’s decision to deny him a learner’s licence. This action is discriminatory towards disabled and therefore ultravires the Right to Equality and Right to Life guaranteed by the constitution.
In his petition, Mr Tribhuvan has contended that a Central government expert committee, set up under the Persons with Disabilities Act, had recognised the ability of hearing-impaired persons to drive a vehicle. The committee also recommended that auto and motorcycle rickshaw drivers can be considered for government jobs.
Government pleader S.S. Shinde argued that if licences were to be issued to the persons with permanent hearing impairment, they would be a source of danger to public and vehicular traffic. “The transport office had followed the provisions of the Motor Vehicles Act in refusing to issue learner’s driving licence to the petitioner,” he said.
Source : The Asian Age , 11th October 2013
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