Mandeep & ANR v. State Of Haryana & ORS

(207) CMs-13522 & 15418-CWP-2022 in/and RA-CW-295-2018 in CWP-3616-2016 Mandeep and another Vs State of Haryana and others Present:- Mr. Rohan Garg, Advocate, for Ms. Supriya Garg, Advocate, for the applicants-petitioners.

Mr. Deepak Balyan, Additional Advocate General, Haryana. * * * * After hearing learned counsel for the parties at length, the applicants-petitioners' case is that they had got the driving licenses at the age of 18 years under Section 18 of the Motor Vehicles Act, 1988. However, at the time, when they applied for the post of Heavy Vehicle Driver in the year 2012, they were 25 and 28 years of age respectively and the writ petition had been dismissed by observing that they were 18 years of age on the date of interview which was held on 17.09.2013. As per the affidavit of the applicant-petitioner, namely, Mandeep Singh, his driving license was valid upto 27.06.2014 and as per the affidavit of the applicantpetitioner, namely, Surinder Kumar Yadav, his driving license was valid upto 11.05.2015.

Learned counsel for the applicants-petitioners states that their licenses had been renewed subsequently and on the date when they appeared for the purposes of interview they were more than 20 years of age and their case could not be rejected on the ground that they were not eligible for the post of Heavy Vehicle Driver. This fact has not been correctly examined at the time of passing the judgement dated 28.08.2018. In view of the aforesaid, RA-CW-295-2018 stands allowed and the judgement dated 28.08.2018 is recalled and the case is restored to its original number.

List as per roster.

(RITU BAHRI) ACTING CHIEF JUSTICE 12.01.2024 Amodh Sharma AMODH SHARMA 2024.01.16 06:01 I attest to the accuracy and authenticity of this order/judgement