05-05-2025
Kerala high court upholds rule mandating technical qualification for Joint RTO posts
Kochi: Kerala high court has upheld the Kerala Transport Service (Amendment) Special Rules, 2022, which prescribe a technical qualification — a diploma in automobile or mechanical engineering — for appointment to the post of joint regional transport officer (Joint RTO).
A bench of Justices A Muhamed Mustaque and P Krishnakumar dismissed a batch of petitions filed by junior superintendents, head clerks and senior clerks in the motor vehicles department challenging the amendment. Appointment to the post of Joint RTO is by promotion from motor vehicle inspectors or by transfer from senior superintendents or junior accounts officers. The petitioners contended that the technical qualification would adversely affect their scope for the post. They further argued that, since the Motor Vehicles Act is a central legislation, only the central govt is competent to prescribe qualifications for officers in the department. They relied on Section 213(4) of the Act, which they claimed limits such powers to the Centre. They also submitted that the amendment would result in stagnation, as most officers in the feeder categories do not possess the newly required qualifications.
The state govt, however, argued that the central govt has not prescribed any technical qualification for the post of Joint RTO and, in the absence of such prescription, it is empowered to specify qualifications under its rule-making authority. Accepting this stance, the court held that Section 213(4) is merely enabling. It ruled that the state govt is competent to prescribe qualifications unless and until the central govt issues contrary norms.
