Differently abled person moves Kerala High Court to allow him to take driving test

A differently abled person has moved the Kerala High Court challenging the denial of the opportunity to get a driving license despite having the necessary medical clearance [Rudranath AS v. State of Kerala].The plea was moved by a person who is 40 percent differently abled due to differences in his right arm and hand. Once he turned 18, he approached a driving school which asked him to get permission from the Regional Transport Office (RTO) to apply for a driving test. According to his plea, the petitioner approached the RTO with a medical fitness certificate which stated that he is eligible to have a driving license provided that the vehicle is modified appropriately. However, the RTO dismissed his request stating that the vehicle cannot be modified in a manner that suits him.He subsequently approached the Deputy Transport Commissioner but his request was denied again. This prompted him to approach the High Court with the present petition challenging the decision of the Deputy Transport Commissioner contending that it is violative of the right to equality guaranteed under Article 14 of the Constitution of India. .In the petition, he argued that treating persons as disabled is prohibited by law and that denying equal opportunities to a differently abled person violates Articles 19 (freedom to move freely and freedom to trade and occupation) and 21 (right to life and personal liberty) of the Constitution.The petitioner contended that the provisions of the Motor Vehicles Act were invoked in an arbitrary manner to deny him the opportunity to take a driving test.He also alleged that the authorities had not considered the medical certificate and that it indicates their antagonistic approach to the whole matter. The petition also stated that it is a settled principal that a differently abled person can obtain a driving license, as long as they have the necessary skills, training and medical clearance to operate a vehicle safelySince he satisfies all these requirements, the Court should ensure that he will be granted a driving license provided he passes his test, the plea argued..The petitioner was filed through advocate Keshav Raj Nair of M/s. Marar & Iyer.