which the licence was to be granted had been amended only by GSR 221(e) w.e.f. 28.03.2001 and only in that amendment, the driving licence specifically provided for a reference to drive a transport vehicle. Earlier, the reference in Form No.4 application to obtain a driving licence contained merely a reference to light motor vehicle, medium goods vehicle, heavy goods vehicle or motor vehicle of certain descriptions. This was modified by the aforesaid GSR to include a transport vehicle which took within its definition light goods vehicle, medium goods vehicle or heavy goods vehicle. The attempt of the learned counsel, therefore, was to show that if a driver had licence to drive a light motor vehicle, it would have bestowed him with authority to drive a goods carriage. In my view, the arguments in defence by the counsel for the respondent is not tenable. In Annappa Irappa Nesaria's case the reference was to possession of licence for a light motor vehicle and the Court said that it included a light goods vehicle also. In this case, the particular category of vehicle that the person was driving was not first elicited as a light goods vehicle. Even without reference to Rules and the Forms, the requirement of an endorsement for a transport vehicle always existed under Section 3 of the Motor Vehicles Act. If a person, who was having light motor vehicle licence had not obtained a special authorization and badge to drive a transport vehicle, it could not be stated that he was duly licenced. Here it is not merely a form of licence that we are concerned with. The issue is whether the licence carried an endorsement to drive a transport vehicle which is a statutory mandate under Section 3 of
