STATE OF KARNATAKA AND ANR. vs H. GANESH KAMATH ETC. ETC.

The Supreme Court upheld the Karnataka High Court's decision that sub-rule (2) of Rule 5 of the Karnataka Motor Vehicle Rules, 1963, introduced by Notification No. H.D. 16 TMR 73 dated July 7, 1976, is ultra vires the Motor Vehicles Act, 1939, specifically Sections 4 and 7(8). The Court clarified that while the State has the power to set minimum qualifications for driving licenses, it cannot create rules that contradict the provisions of the Act. The appeals by the State were dismissed, affirming the High Court's ruling.