RINKU KANJAR vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2468/2020 RINKU KANJAR .....Petitioner Through: Mr. P. Sureshan, Adv. versus UNION OF INDIA AND ORS. .....Respondents Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 15.04.2025 C. HARI SHANKAR. J. 1. Pursuant to a notification issued by the Central Industrial Security Force1 in November 2016, inviting applications for temporary post of Constable/Driver against backlog vacancies, the petitioner applied. 2. One of the essential eligibility criteria, as contained in Clause 2(c) of the notification, required the petitioner to possess a driving licence on 19 November 2016, which was the cut-off date. The provision reads thus: 1 “CISF”, hereinafter FAO(OS) (COMM) 48/2025 Page 1 of 10 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:17.04.2025 16:21:22 “2(c) Driving Licence: The candidate should have a valid driving licence for (i) Heavy Motor Vehicle or Transport Vehicle; (ii) Light Motor Vehicle (iii) Motor cycle with gear Note: - Light Motor Vehicle licence should be obtained after attaining the age of eighteen years and Heavy Motor Vehicle license after attaining the age of twenty years. Attention is also drawn to the following clause in the Motor Vehicle Act 1988, a) Section (4) Age limit in connection with Driving of Motor Vehicles (i) No person under the age of 18 years shall drive a Motor Vehicle in any public place (ii) No person under the age of 20 years shall drive a Transport Vehicle in any public place. b) Section (7) Restrictions on the granting of Learners License for certain Vehicles; i) No person shall be granted a learners license to drive Transport Vehicle unless he has held a driving license to drive a Light Motor Vehicle for at