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