The Supreme Court has upheld the
interpretation adopted by the Telangana State Level Police Recruitment Board
regarding eligibility conditions for driver posts, ruling that renewal of a
driving licence after a gap does not restore continuity from the date of
expiry. The Court clarified that candidates whose licences had expired and were
renewed after an interval cannot be treated as having possessed a licence
“continuously” for the prescribed period, even if the renewal occurred within
the statutory window allowed under the Motor Vehicles Act, 1988.
The dispute arose from recruitment
notifications issued by the Telangana State Level Police Recruitment Board in
April and May 2022 to fill 325 posts of Police Constable (Driver) and Driver
Operator in the Fire Services Department. One of the essential eligibility
conditions required candidates to possess a valid light motor vehicle or heavy
motor vehicle driving licence continuously for a full period of two years or
more as on the date of the notification. Several applicants had licences that
expired during the relevant two-year period but were renewed subsequently
within one year, as permitted under the Motor Vehicles Act. These candidates
were initially permitted by the Telangana High Court to participate in the
selection process on the reasoning that renewal relates back to the date of
expiry and therefore does not interrupt continuity.
Challenging this view, the Recruitment
Board approached the Supreme Court, contending that once a driving licence
expires, the holder is rendered legally incompetent to drive until renewal.
According to the Board, this intervening period necessarily breaks the
requirement of continuous possession of a valid licence. The Supreme Court
accepted this contention and set aside the High Court’s decision.
Examining the statutory framework, the
Court placed emphasis on Section 14 of the Motor Vehicles Act, particularly
after its amendment in 2019. The amendment removed the earlier proviso that had
allowed a limited grace period after expiry during which a licence could still
be treated as valid. Under the amended law, the Court observed, a driving
licence ceases to be valid immediately upon its expiry, and unless renewed, the
holder is under a legal disability to drive from the very next day. Therefore,
any period between expiry and renewal constitutes a break in lawful entitlement
to drive.
The Court further clarified that while
renewal may relate back for certain administrative purposes, such as
determining the validity period of the document, it cannot be used to
artificially bridge a factual and legal gap when eligibility conditions require
continuous possession. Interpreting the word “continuously” in its plain and
ordinary sense, the Court held that it means uninterrupted and without any
break or cessation. Consequently, even a short interregnum between expiry and
renewal disrupts continuity and is fatal to eligibility under the recruitment
rules.
The judgment also underscored the practical
rationale behind such eligibility criteria. Driving, especially in the context
of police and fire services, is not merely a formal qualification but requires
sustained hands-on experience and regular practice. A lapse in lawful driving
authority may reflect a corresponding lapse in practical engagement, which
could affect operational readiness in critical public service roles.
On an overall consideration of the
statutory provisions, the amended legal position, and the purpose of the
recruitment conditions, the Supreme Court allowed the appeal filed by the
Recruitment Board. It held that candidates whose driving licences had expired
and were renewed after a gap during the relevant two-year period did not meet
the requirement of continuous possession of a valid licence and were therefore
ineligible for the posts in question.