RTO denying driving licence to person with monocular vision
10-Aug-2023 (In Civil Law)
My vision is monocular, other eye is completly fine. CMV Act allows such person Driving Licence, even central govt issued a circular last year directing all RTO's to grant DL. I filed RTI at Transport Deparment to know if they have acknoledged the circular. MLO gave monosyllabic answer. I filed appeal then DC ordered to MLO to give in wriitng that we aren't implementing this circular. It's been more than 60 days and MLO didn't reply. I can drag him to CIC for complete answer, but based on just RTI can I file Writ in HC? Or should I apply for DL first, get rejection order(bit tough to get), then file appeal(there is provision in CMV of appeal in rejection case) and then if required file WRIT petition? Below is a judgement of same case in which went in favor of petitioner. For rejection, RTO's use their discretionary power, which HC had ruled out and found that petitioner had all requirements as per Act/Law. https://indiankanoon.org/doc/57627393/ Please advise on WRIT process.
It is always advised to follow proper channel before approaching High Court directly...you should first approach CIC against non implementation of order of DC and then if nothing happens,u can file writ in HC. Also as per the provision given in MV Act the concerned authority shall in writing inform you regarding refusal to grant the DL against which u have right to approach Appellate Authority. Therefore u can also apply for DL at the same time and let the cause of action arise so that u can exercise your statutory right to appeal. My answer is based on the limited information u have shared.
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