No Provision For Automatic Cancellation Of Driving School License On Holder's Death, State Should Allow Transfer To Successor: Rajasthan HC

The Rajasthan High Court has ruled that the automatic cancellation of a motor driving school license upon the licensee’s death is not permissible in the absence of a statutory provision. The court quashed an order that rejected the transfer of a deceased licensee’s driving school license to his wife. The Transport Department had argued that there was no provision for such a transfer in the Central Motor Vehicles Rules, 1989, or the Motor Driving School Registration Scheme, 2018. The court observed that while there is no provision for transferring the license, there is also no provision for its automatic cancellation upon the licensee’s death. The court directed the Transport Department to assess the eligibility of the deceased’s wife for the license and, if found eligible, transfer the license to her. The court also suggested that the state consider including a provision for such transfers in the relevant rules.