Kuldeep Joshi, one of the persons who recently lost vision in one of his eyes due to an accident and faced issues with getting a driving license, shared a judgement of the Delhi High Court with regard to the driving license for the people who are deaf.
This judgement, appearing first in 2011, has some implications for the people with monocular vision as well.
The court, in its judgement, does not give any directive particularly with regard to barring the deaf people for a driving license. The last point from this order is worth quoting here and is produced as it is below:
"We will be failing in our duty if we do not note the other submission of Mr.Gonsalves that certain persons who are totally deaf have the capacity to drive vehicles. He has referred to prevalent practices in many other countries. The learned senior counsel has laid emphasis on the international standard. On a perusal of the policy decision, we find that the experts have fixed a standard regard being had to the Indian conditions. The grounds ascribed in the policy decision as Mr.Chandhiok, learned Additional Solicitor General, would submit are meant to protect the collective at large from the road accidents. Thus, the claim put forth by the petitioners that they should be granted driving licence and should not be debarred from getting a licence, per se, is not justified. As has been stated earlier, for grant of a learner‘s licence, filing of medical certificate is not required but the applicant is required to go through the test as stipulated under Rule 11 of the 1989 Rules. For grant of a driving licence, one has to satisfy the conditions precedent as postulated under Section 9 and pass the test as stipulated under Rule 15 of the 1989 Rules. The claim of further privilege by totally deaf persons as a special category, in our consideration, is not permissible. However, we are obliged to certify that if an applicant is totally deaf, he has to be called for the test if he applies for a learner‘s licence without the medical certificate and if he passes the test as required under Rule 11, he shall be granted the learner‘s licence as that is the statutory requirement. Similarly, if a person belonging to the said category satisfies the necessary criteria, he shall be allowed to obtain the licence. We are not inclined to direct that the special conditions which are permitted by other countries for grant of licence to the persons who are completely deaf as the same, we are disposed to think, is in the domain of the legislature, for the legislature understands the prevalent conditions in a set up where separation of power is an insegregable facet of the basic structure of the Constitution of India."
As we see here, if the deaf people are eligible to get a license, why should the people with monocular license have any issues in getting one? Considering that this a we are considered normal people, this discrimination is like denying a virtual basic rights guaranteed to us by the constitution itself.
Kuldeep gathered the following relevant interpretation from the judgement which "may take care of denial of of issuing Form 1A by medical officer and learners license or driving license by the RTO.
If we want to make a difference in the way we and many persons with similar issue are treated then I suggest all of us should think of taking up action on the following lines
1) Apply for learners license and get it endorsed for being rejected. (as even rejection of learners license is appeal able). You may choose to attach the judgment.
2) If the RTO is insisting of civil surgeon certificate, please ask RTO to provide the reference letter (addressed to the local authorised medical officer) to the applicant. Or let the RTO reject the application on the ground of absence of medical certificate.
3) If the medical officer refuses to certify the fitness, ask him to provide the reason in writing on the Form1-A. Ask them to note down result vision tests on the same form or any other written document
4) For medical officers, it is required to take acknowledgement of all the correspondence with them in writing.
5) The medical officer being a civil servant have to give in writing his opinion and reason for the same. You can use RTI effectively, to extract the required information from them. If the medical officer does not give the certificate or his opinion in writing we can sue him for deficiency of service in the appropriate consumer forum.
6) File a appeal with the transport commissioner for denial of learners license or driving license, use the high court judgment over there.From the document that I have read the fee for the appeal is Rs 25/-
7) If the transport commissioner rejects the appeal then you/we have done a solid groundwork and gathered enough documents to go for a writ petition in high court in case of an individual or PIL for the whole group of monocular vision persons.
You can refer to following links for the relevant acts:
Each state may have its own set of rules, which you may please search.
Link to motor Maharashtra motor vehicle rules is
As I always say, god helps those who help themselves, we all should take the matters in our own hand and get what has been wrongly denied to many of us."