A.K. SIKRI, J.

1. The petitioner herein is an M.Sc. which degree she has obtained from the Indian Institute of Technology (IIT), Delhi. The petitioner claims that she has been remained involved in the work related to patent, drafting, filing and prosecuting application for grant of patent registration by the Patent Office under the Patents Act, 1970 (hereinafter referred to as ‘the Act’) and has vast experience. However, she has not been able to get herself registered as Patent Agent under the Act because her repeated attempts to pass qualifying examination for Patent Agents have remained unsuccessful. This qualifying exam is in two parts, namely, written test and viva voce examination. Though she has exhibited excellent performance in so far as written test is concerned, as she has not been able to secure minimum 50% marks in the viva voce examination, which is the requirement of Rule 110 of the Patents Rules, she is treated as unqualified. It is for this reason that by way of writ petition the petitioner has challenged the said provision of Rule 110 of the Patents Rules which mandates securing minimum 50% marks in viva voce examination.

2. Section 126 of the Act prescribe