High Court Upholds LMV Licence Requirement For Male Delhi Police SI Candidates; Says Different Criteria For Women Not Discriminatory

The Delhi High Court has upheld the requirement of possessing a valid Light Motor Vehicle (LMV) driving licence for male candidates seeking appointment as Sub-Inspectors (SI) in Delhi Police, ruling that the absence of a similar requirement for female candidates does not amount to discrimination.

A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora dismissed a writ petition challenging the recruitment condition contained in the Staff Selection Commission (SSC) notification for SI recruitment in Delhi Police and CAPFs.

Petitioner had contended that the stipulation mandating a valid LMV driving licence for male candidates, without imposing the same condition on female candidates, was arbitrary and violative of equality.

Rejecting the challenge, the Court noted that the distinction in eligibility conditions flows from the statutory framework governing recruitment.

It noted that Rule 7 of the Delhi Police (Appointment and Recruitment) Rules, which deals with recruitment of SI (Executive) Male, contemplates that “Candidates must possess a valid driving license for LMV (Motor Cycle and Car) on the date fixed for Physical Endurance & Measurement Tests”. However, no such stipulation is found in Rule 14(a) which deals with recruitment for SI (Women).

“Hence, the genesis for not insisting on a valid driving license for female candidates in the impugned notification is the statutory provision of Rule 14(a) of the Rules. If that be so, the challenge to the notification by stating that it is discriminatory cannot be accepted,” the Court said.

It added that the requirement of possessing a valid driving licence on the date of Physical Endurance and Measurement Tests is mandatory and cannot be relaxed. The petitioner however, did not have a valid licence on the relevant date and had only produced a learner's licence.

“A learner's license has its own limitations and as the name suggests it is issued for the purpose of learning to drive a motor vehicle, unlike a regular driving license, which is issued without any such limitations or caveats,” the Court said.

As such, the Court upheld the petitioner's disqualification and dismissed the plea.

Appearance: For the Petitioner : Mr. Vikas Kumar, Mr. Sunil Verma, Mr. Karan Gulwade, Advocates. For the Respondents : Ms. Leena Tuteja, CGSC with Ms.Ishita Kadyan, Adv. for R1 to R3 Mr. Kshitij Chhabra, SPC with Mr. Abhijeet Vikram Singh, Adv. for R4.

Case title: Vikram Kumar Jha v. Union Of India & Ors

Case no.: W.P.(C) 5994/2022

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