HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 7 of 2025

08 October, 2025

Sunil Kumar Goyal … Petitioner

Versus

State of Uttarakhand & another … Respondents

With

Writ Petition Misc. Single No. 2733 of 2025 Writ Petition Misc. Single No. 1391 of 2025 Writ Petition Misc. Single No. 1732 of 2025 Writ Petition Misc. Single No. 2788 of 2025 Writ Petition Misc. Single No. 2790 of 2025

------------------------------------------------------------------- Presence:- Mr. Nagesh Agarwal, Mr. Devesh Upreti and Mr. Hari Mohan Bhatia, Advocate holding brief of Mr. Altaf Hussain, Advocates

for the petitioners

Mr. Ganesh Kandpal, learned Deputy Advocate General with Mr. Yogesh

Chandra Tiwari, Standing Counsel for the State of Uttarakhand.

-------------------------------------------------------------------

JUDGMENT

Hon'ble Manoj Kumar Tiwari, J.

1. Applications submitted by petitioners for renewal of Certificate of Practice as Notary under the Notaries Act, 1952 have been rejected in view of the policy decision taken by the State Government, not to grant renewal to persons who have practiced as Notary for more than ten years. Thus, feeling aggrieved, petitioners have approached this Court challenging the

decision taken by State Government.

2. Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPMS No. 7 of 2025 alone are

being considered and discussed.

3. Petitioner was enrolled as an Advocate with Bar Council of Uttar Pradesh in the year 1983. He was appointed as Notary for a period of five years in the year 2000, and his Certificate of Practice was renewed from time to time, as per Rule 8B of The Notaries Rules, 1956. His Certificate of Practice was last renewed in 2020, which was valid upto 05.01.2025; petitioner applied for renewal of Certificate of Practice in the month of June, 2024; District Magistrate, Haridwar, based on a report submitted by Sub- Divisional Magistrate, Roorkee, recommended petitioner’s claim for renewal. State Government rejected petitioner’s application for renewal, vide order dated 05.12.2024 on the ground that petitioner has practiced as Notary for more than ten years, therefore, no further renewal can be granted to him.

4. Petitioner contends that the reason assigned for rejecting his application is de-hors the provisions of The Notaries Act, 1952 and the Rules framed thereunder; there is no condition in the Statute that after practicing as Notary, for ten years, prayer for renewal of Certificate of Practice cannot be granted. It is further submitted that renewal can be refused only on the grounds enumerated in Section 10(b) to (f) of the Act or if there is adverse report as regards character, integrity, ability or competence of the person who has applied for renewal of Certificate of Practice.

5. A counter affidavit has been filed by Mr. Rajesh Kuamar, Joint Secretary, Law-cum-Joint L.R., Law Department, Government. Para 10 & 13 of the said counter affidavit are extracted below:-

“10. That the contents of paragraph no. 9 of the said petition are wrong, false and vehemently denied. In reply it is stated that after receiving letter dated 02.07.2024 from respondent no. 2, the answering respondent forwarded the file to Departmental Minister/Hon’ble the Chief Minister for the necessary approval. The Departmental Minister/Hon’ble the Chief Minister in view of the policy decision taken for renewal of the Notary Certificate, rejected the renewal Notary Certificates of the petitioner stating therein that the petitioner has been empaneled as Notary for past more than 10 years, renewal is not mandatory and chance should be given to new capable energetic person. Thus, the file was returned with the said noting for inviting the fresh panel. Therefore, in compliance of the aforesaid noting, impugned order dated 05.12.2024 was issued by the answering respondent refu