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Raj Kumar Gandhi S/O Late Shri M.R. ... vs State Of Rajasthan Through Its ...
2022 Latest Caselaw 364 Raj/2

Citation : 2022 Latest Caselaw 364 Raj/2
Judgement Date : 17 January, 2022

Rajasthan High Court
Raj Kumar Gandhi S/O Late Shri M.R. ... vs State Of Rajasthan Through Its ... on 17 January, 2022
Bench: Pankaj Bhandari
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Writ Petition No. 21919/2018

Raj Kumar Gandhi S/o Late Shri M.r. Gandhi, Aged About 69
Years, Resident Of 409, Raja Park, Jaipur.
                                                                    ----Petitioner
                                   Versus
State Of Rajasthan Through Its Principal Secretary, Law And
Legal Affairs Department, Government Secretariat, Jaipur.
                                                                  ----Respondent

For Petitioner(s) : Mr. Ashok Bansal through VC For Respondent(s) : None present

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

17/01/2022

1. Petitioner has preferred this writ petition interalia praying

therein that the impugned order Annexure-6, whereby candidature

of petitioner has been rejected for appointment as a Notary Public,

be quashed and set aside.

2. It is contended by counsel for the petitioner that petitioner

has worked with the Rajasthan Civil Services Appellate Tribunal

Jaipur and superannuated on 30.11.2009. He applied for the

appointment as Notary Public but his application was rejected.

3. Reply has been filed on behalf of the counsel for the

respondent stating therein that neither the petitioner has

completed ten years after his enrollment as an advocate nor he

has worked with the Government after enrollment as an advocate.

4. I have considered the contentions and have perused the

provision of law.

(2 of 2) [CW-21919/2018]

5. As per the qualification for appointment as Notary Public, it is

specifically provided that he had been at least for ten years:-

                                   (I)     A member of Judicial Service; or

                                   (ii)    held an office under the Central Government or a State

Government requiring special knowledge of law after enrolment as

an advocate; or

(iii) held an office in the department of Judge Advocate General

or in the legal department of the armed forces.

6. It is apparent that the petitioner was enrolled as an advocate

with effect from 24.01.2010. He applied for enrollment as Notary

Public in September, 2018, meaning thereby that he has not held

in Office of Government for ten years after enrollment as an

advocate. He had not completed ten years and the petitioner got

himself enrolled as an advocate after his superannuation. His

application for enrollment as Notary Public was rightly rejected by

the Authorities. Hence, no ground is made out for entertaining the

writ petition.

7. Accordingly, present Writ Petition is dismissed. Stay

application also stands disposed of.

(PANKAJ BHANDARI),J

ARTI SHARMA /22

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