State not empowered to frame rules for motor driving schools: HC

Prayagraj: The Allahabad High Court has held that Section 27 of Central Motor Vehicles Rules, 1989 empowers the central government to make rules for licensing and regulating motor driving training schools. The state government is not competent to frame rules in this regard.

The Uttar Pradesh government had issued an order in 2023 laying down Standard Operating Procedure (SOP) for private motor driving training schools and their operation which was challenged before the High Court.

Allowing the writ petition filed by UP Motor Training School Owners Association and seven others, a high court bench comprising Justices Anjani Kumar Mishra and Jayant Banerji struck down the government order.

The counsel for the petitioners had submitted that the central government alone has the power to make rules for the purpose of licensing and regulating schools or establishments for imparting instructions in driving of motor vehicles and related matters.

The bench in its order dated October 25, 2024 observed, "Section 28 of the Act which empowers the state government to frame rules clearly bars it from framing rules regarding which the power vests with the central government."

"Various paras and clauses of the impugned Government Order by which the petitioner is aggrieved, in our considered opinion clearly fall within the domain of rule-making power of Central Government alone," the bench said.

"The submission of learned Standing Counsel that the impugned Government Order merely supplements the rules framed by the central government cannot be accepted," the court added.

Welcoming the judgment, KM Bajpai, President of UP Motor Training School Owners Association said, "We expect that while taking any further decision, the state would take care of the interest of motor driving school operators."