Does a Renewed Driving Licence with an Expiry Gap Qualify as “Continuous” for Recruitment Under the Motor Vehicles Act?

 

Summary

Category Data
Court Supreme Court of India
Case Number C.A. No.-014865-014869 – 2025
Diary Number 10771/2024
Judge Name HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH
Bench
  • HON’BLE MR. JUSTICE AHSANUDDIN AMANULLAH
  • HON’BLE MR. JUSTICE K. VINOD CHANDRAN
Precedent Value Binding on recruitment authorities and all subordinate courts
Overrules / Affirms Overrules the High Court judgment; affirms literal interpretation of Sections 14 & 15, Motor Vehicles Act, 1988
Type of Law Statutory interpretation; administrative/recruitment law under the Motor Vehicles Act
Questions of Law Whether a driving licence that expired and was renewed after a gap can be treated as “possessed continuously” for two years prior to a recruitment notification under Section 15 of the Motor Vehicles Act, 1988, as amended by the 2019 Act.
Ratio Decidendi The Supreme Court held that after expiry a driving licence does not automatically continue; the 2019 Amendment extended only the window for renewal (one year before or after expiry) but did not backdate continuity. “Continuously” requires actual unexpired validity. A subsequent driving test does not cure an ineligible break.
Judgments Relied Upon
  • The Divisional Manager, New India Assurance Co. Ltd. v. Shaanabasappa & Ors. (2025)
  • Ram Babu Tiwari v. United India Insurance Co. Ltd. (2008) 8 SCC 165
  • New India Assurance Co. Ltd. v. Suresh Chandra Aggarwal (2009) 15 SCC 761
  • Ishwar Chandra v. Oriental Insurance Co. Ltd. (2007) 10 SCC 650
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • Literal meaning rule: deliberate omission of proviso in Section 14 is significant.
  • Harmonious construction of Sections 14 & 15 shows renewal window does not equate to uninterrupted validity.
  • Principles from State of Uttar Pradesh v. Malik Zarid Khalid on giving effect to legislative change.
  • Definition of “continuously.”
Facts as Summarised by the Court Recruitment notifications required two years’ continuous valid LMV/HMV licence. Many applicants had licences that expired and were later renewed. Single Judge deemed the post-expiry renewals backdated. High Court affirmed. State Board appealed to Supreme Court challenging that breaks in validity are disqualifying.

Practical Impact

Category Impact
Binding On All recruitment authorities and subordinate courts
Persuasive For High Courts and tribunals dealing with recruitment and licence-continuity questions
Overrules Division Bench of the Telangana High Court in Writ Appeals Nos. 877/2023, 972/2023, 973/2023, 974/2023 & WA(SR) No.38269/2023
Distinguishes Decisions treating post-expiry renewals as uninterrupted continuity in eligibility criteria
Follows The Divisional Manager, New India Assurance Co. Ltd. v. Shaanabasappa & Ors. (2025)

What’s New / What Lawyers Should Note

  • The 2019 Amendment to Section 15 only extends the window for renewal (one year before/after expiry) but does not resurrect a licence’s validity during the interregnum.
  • Deletion of the 30-day proviso in Section 14 means licences cease to be effective immediately upon expiry.
  • “Continuously” must be read literally; any break—even if subsequently cured—disqualifies candidates for whom two-year continuous possession is a threshold.
  • A subsequent driving-test stage cannot cure statutory ineligibility rooted in licence expiry.
  • Recruitment authorities must verify actual licence validity dates, not rely on back-dating under Section 15.
  • Subordinate courts and tribunals should not follow High Court orders treating renewals as retroactive continuity.

Summary of Legal Reasoning

  1. Literal Interpretation: The omission of the 30-day post-expiry proviso in Section 14 demonstrates legislative intent to end automatic continuation at expiry.
  2. Harmonious Construction: Section 15’s renewal window enlarges only the timeframe to renew, not the licence’s effective period prior to renewal.
  3. Interpretive Principle: Following State of Uttar Pradesh v. Malik Zarid Khalid, deliberate statutory changes must be given full effect.
  4. Definition of “Continuously”: Black’s Law Dictionary defines as “without intermission,” so any gap breaks continuity.
  5. Driving Test Stage: Designed to assess skill, not to cure disqualifying statutory gaps.
  6. Equality and Fairness: Permitting post-expiry back-dating would unfairly advantage those who relied on erroneous interim orders and harm others who did not apply.

Arguments by the Parties

Appellant (Recruitment Board / State)

  • Sections 14 & 15 as amended show no grace-period beyond expiry; renewal takes effect only from actual renewal date.
  • Amendment Act, 2019 removed the 30-day grace and did not intend to backdate licence validity.
  • Candidates with licence gaps were rightly disqualified under the Notifications.

Private Respondents / Writ Petitioners

  • Legislative purpose in the 2019 Amendment was to liberalize renewal; Statement of Objects envisaged delays.
  • One-year pre- and post-expiry window shows intent to avoid penalizing genuine delays.
  • Subsequent driving-test filter ensures only competent drivers proceed, neutralizing any gap concerns.

Factual Background

On 25.04.2022 and 20.05.2022 the Telangana Police Recruitment Board notified 325 driver posts requiring two-year continuous LMV/HMV licence. Some candidates’ licences expired and were renewed after gaps up to 294 days. A Single Judge held post-expiry renewals counted from expiry; High Court affirmed. The Board’s appeals invoked Supreme Court review of whether any licence-validity gap disqualified candidates.

Statutory Analysis

  • Section 14 (pre-2019) included a 30-day post-expiry licence continuation; proviso deleted by the 2019 Amendment.
  • Section 15 (pre-2019) allowed renewal within 30 days back-dating to expiry; post-2019 window extended to one year before/after expiry, but expressly renewals take effect from renewal date.
  • Impact: Renewal windows do not re-establish uninterrupted validity; interregnum remains a statutory gap.
  • No “reading-in” of continuity during expiry gap; strict textual reading required.

Dissenting / Concurring Opinion Summary

No separate or dissenting opinions; decision delivered unanimously by Justice Amanullah and Justice Chandran.

Alert Indicators

  • 🔄 Conflicting Decisions – Overturns the Telangana High Court’s broad back-dating approach under the 2019 Amendment.

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