22-Yr-Old Differently Abled Person Moves Kerala High Court Seeking Permission To Take Driving License Test

It is stated that the petitioner's fundamental rights guaranteed under Articles 14, 19 And 21 have been denied by violating his right to equal opportunity. He stated that his right to reputation and right to livelihood is threatened due to the denial of right to participate in the driving license test.

“Law prohibits considering a person to be disabled. Persons are born with different abilities. For the reason that the petitioner is born with different abilities, he is being denied of equal opportunity”, said the plea.

The petitioner has been physically disabled by birth and his upper right limb is small with three fingers on his right hand.

He alleged that the Regional Transport Officer denied him permission to apply for the driving license test stating that vehicle cannot be modified for the suitability of the petitioner. His request was also denied by the Deputy Transport Commissioner. Aggrieved by this, he has approached the High Court.

He stated that the authorities have denied his request for taking part in the driving license test without taking into consideration of his medical certificate stating that he is eligible to drive vehicle with slight modifications permissible under the Motor vehicles Act.

“ The provisions of the Motor Vehicle Act are invoked in an arbitrary manner with an intention to deny the petitioner of his right to be treated equally as any other person. The petitioner, having necessary skills to operate a vehicle, when necessary modifications are made, is being denied of his rights as conferred under the Constitution of India,” stated the plea.

The petitioner states that a person having skill, training and medical clearance for driving a vehicle is eligible to participate in the driving license test to obtain license.

The petitioner thus seeks the authorities to conduct a driving license test for him for issuance of a driving license.

The matter will be considered by the Court tomorrow.

The plea has been moved by Advocates Renjith B.Marar, Lakshmi.N.Kaimal, P.Rajkumar, Keshavraj Nair, Arun Poomulli, Preetha S Chandran , Abhijith Sreekumar, Anand Remesh, Abhiram.S. , C.R.Rekha, Gaadha Suresh, Anagha K. Ayriyil

Case Title: Rudranath A S v State of Kerala

Case Number: WPC No. 23297/ 2024