Point of Law: Rule 8 requires Government to take a decision on applications, after considering recommendation of interview board.

JUDGMENT :

1. The petitioners are Advocates with more than ten years of practice. The petitioners are aggrieved by the rejection of their memorial seeking appointment as Notary Public as also the application seeking review of that order.

2. The short facts are as under;

The petitioners, after practicing for more than ten years at their respective centres, submitted applications/memorials seeking appointment as Notary Public. After considerable delay, the Competent Authority recommended their names and an interview was conducted by the duly constituted Interview Board. While the petitioners were awaiting appointment as Notary Public, they were served with communications informing that their applications had been decided under Rule 8(1)(c) of the Notaries Rules, 1956 ('Rules' for short). As Rule 8(1)(c) provides for rejection of the application, the petitioners preferred review petitions under Rule 8(3). Except in the case of the petitioner in W.P.(C) No. 23237 of 2022, the review petitions of all others were rejected by a common order dated 01.02.2022, with an omnibus statement that the Government, after exercising its discretion, decided to reject the review.

3. Heard Advs. B. Mohanlal, Thomas M. Jacob, P.A. Muhammed Shah, Suman Chakravarthy, Susmith Kumar T.D for the petitioners and Government Pleaders K.Amminikutty and Rajeev Jyothish George for the respondents.

4. Learned Counsel for the petitioners assailed the impugned orders primarily on the ground that they were bad for non-application of mind and absence of reasons. The other challenge is premised on the allegation that the rejection is actuated by mala fides.

5. In reply, learned Government Pleaders contended that under the Notaries Act and Rules the Government is vested with the absolute discretion to decide an application seeking appointment as Notary public and there is no provision which require the Government to state to reasons for rejecting an application.

6. From the arguments advanced, the question arising for consideration is whether the Government is vested with the discretion to reject an application seeking appointment as Notary without stating any reason whatsoever. In order to address this question, it is essential to have a careful scrutiny of the relevant provisions of the Notaries Act and Rules. The Notaries Act of 1952 was enforced with effect from 14.02.1956 with the objective of empowering the Central and State Governments to appoint Notaries, not only for the limited purposes of the Negotiable Instruments Act, but generally for all recognized notarial purposes and to regulate the profession of such Notary. As per Section 3, the power to appoint Notaries for the whole or any part of India is vested with the Central Government and, for the whole or any part of a State, with the State Government. A person appointed as Notary by the appropriate Government will be issued with a Certificate authorizing him to practice for a period of five years from the date on which the Certificate is issued and his/her name will be entered in the Register maintained by the Government under Section 4. The functions of Notaries enumerated in Section 8 are as under;

“8. Functions of notaries.-(1) A notary may do all or any of the following acts by virtue of his office, namely:

(a) verify, authenticate, certify or attest the execution of any instrument;

(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;

(c) note or protest the dishonour by non-acceptance or nonpayment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (XXVI of 1881), or serve notice of such note or protest;

(d) note and draw up ship’s protest, boat’s protest or protest relating to demurrage and other commercial matters;

(e) administer oath to, or take affidavit from, any person;

(f) prepare bottomry and respondentia bonds, charter parties and oth