D. S. R. VARMA, J.

( 1 ) HEARD Sri M. Panduranga Rao, the learned counsel appearing for the petitioner, the learned Assistant Solicitor General, appearing for the respondent Nos. 1 and 6, the learned Government Pleader for Revenue, appearing for the respondent Nos. 2, 3 and 4, as well as the learned Government Pleader for Stamps and Registration, appearing for the respondent No. 5.

( 2 ) THIS writ petition is taken on the basis of a letter, dated 5-12-2005, by one Sri i. Sambasiva Rao, Advocate, Flat No. 306, royal Residency, Humayun Nagar, Masab tank, Hyderabad, to the Honourable the chief Justice, High Court of Andhra pradesh, Hyderabad, seeking to direct the authorities concerned in connection with the representation of the petitioner for fixing the quota for the disabled in appointment of notary viz. , implementation of 3% reservation for the persons under the Persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity "the Disabilities Act") by making necessary amendments in the quota prescribed for appointment of notary and a further direction to consider the representation of the petitioner for appointment of notary either in the State Government or in the Central Government quota.

( 3 ) UPON this subject, we requested Sri. M. Panduranga Rao, the learned counsel, to assist this Court, who readily accepted for the same.

( 4 ) IT has been brought to the notice of this Court by Sri. M. Panduranga Rao, the learned counsel for the petitioner, that notary as such is not a post as held by Their lordships of the Orissa High Court in nityananda Behera v. State of Orissa, AIR 1997 Orissa 1 as well as the Allahabad High court in Kashi Prasad v. State, AIR 1967 all 173 (V 54 C 55) Lucknow Bench that the prerequisite for appointment of a notary is- one must be an Advocate by profession with prescribed experience at Bar. Such appointment can be made under the Notaries Act, 1952 (for brevity "the Notaries Act" ).

( 5 ) IN other words, in both the judgments (1 and 2 supra), it has been held that for appointment of notary, one will not be ceased to be an Advocate.

( 6 ) SECTION 3 of the Notaries Act deals with the power to appoint notaries, which is extracted hereunder, for ready reference and better appreciation of the matter.

"3. Power to appoint notaries :- The Central Government for the whole or any part of India, and any State Government, for the whole or any part of the State may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed. "

( 7 ) RULE 13 of the Notaries Rules, 1956 (for brevity "the Notaries Rules") deals with the inquiry into the allegations of professional or other misconduct of a notary, which is extracted hereunder, for ready reference and better appreciation of the matter.

"13. Inquiry into the allegations of professional or other misconduct of a notary :-(1) An inquiry into the misconduct of a notary may be initiated either suo motu by the appropriate Government or on a complaint received in Form-XIII. (2) Every such complaint shall contain the following particulars, namely :- (a) the acts and omissions which, if proved, would render the person complained against unfit to be a notary; (b) the oral or documentary evidence relied upon in support of the allegations made in the complaint. (3) The appropriate Government shall return a complaint which is not in proper form or which does not contain the aforesaid particulars to the complainant for representation after compliance with such objections and within such time as the appropriate government may specify; provided that if the subject-matter in a complaint is, in the opinion of the said Government, substantially the same as, or covered by, any previous complaint and if there is no additional ground, the said Government shall file the said complaint without any further action and inform the complainant accordingly. (4) Within sixty days ordinar

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