SUBHRO CHAKRAVORTY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) By this petition, the Petitioner seeks to challenge the legality and validity of the order dated 10-10-2008 (Annexure - P/1) passed by the Respondent No. 2 whereby the Respondents No. 3 to 6 have been decided to be appointed as Notaries for the District Headquarter, Durg.

(3.) Learned Counsel appearing for the Petitioner submits that the Petitioner submitted his candidature for appointment as Notary Public, pursuant to the advertisement. The committee of two senior Judges, constituted by the District & Sessions Judge, Durg, submitted a panel list wherein the name of the Petitioner was recommended. Accordingly, the District Judge sent the recommendation to the Respondent No. 1. However, the Respondent No. 1 acting in an illegal manner directed the District Judge to forward all the applications. Accordingly, all the applications were forwarded to the Respondent No. 1. Thereafter, the Respondent No. 2 issued the impugned order dated 10-10-2008, whereby, the Respondents No. 3 to 6 were appointed as Notaries notwithstanding the fact that there was no recommendation in their favour by the competent authority i.e. District Judge in the instant case. The said appointments were absolutely illegal, arbitrary and contrary to the statutory scheme. Hence, this petition.