A person with a disability has petitioned the Kerala High Court, contesting the refusal to issue them a driving license despite possessing the required medical clearance.

The plea was filed by an individual who is 40 percent differently abled due to differences in his right arm and hand. Upon turning 18, he approached a driving school that directed him to seek 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 confirmed his eligibility for a driving license provided the vehicle was appropriately modified.

However, the RTO dismissed his request, stating that the vehicle could not be modified to accommodate his needs. He then approached the Deputy Transport Commissioner, but his request was denied once more.

This led him to file the present petition in the High Court, challenging the decision of the Deputy Transport Commissioner. He contends that this decision violates his right to equality guaranteed under Article 14 of the Constitution of India.

In the petition, he argued that treating individuals 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 arbitrarily invoked to deny him the opportunity to take a driving test. He also alleged that the authorities had disregarded the medical certificate, indicating an antagonistic approach to the entire matter.

The petition further stated that it is a settled principle that a differently abled person can obtain a driving license, provided they have the necessary skills, training, and medical clearance to operate a vehicle safely.

Since he satisfies all these requirements, the plea argued that the Court should ensure he is granted a driving license, contingent upon passing his test.

The petition was filed through advocate Keshav Raj Nair of M/s. Marar & Iyer.