PRASHANT KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) BY these Writ Petitions under Arts.226/227 of the Constitution of India, the petitioners have questioned the legality and propriety of the orders to refuse renewal of their certificates to practice as Notary on the basis of Government order dated 31st December, 2002. Brief facts leading to filing of these Writ Petitions are that the petitioners who are Advocates by profession practicing law in different parts of the State of Chhattisgarh were functioning as notaries public as they were appointed as such under the Notaries Act, 1952 (hereinafter referred to as 'the Act') by the erstwhile State of Madhya Pradesh. In the last, their renewal was refused by the State Government on the basis of its executive order dated 31st December, 2002, whereby looking to the number of Notary posts fixed for the State it has been decided that under S.5 of the Act, the certificate to practice as Notary Public is to be renewed once in order to give chance to more number of Advocates to practice as Notary Public. However, If any certificate has been renewed prior to this date, will remain effective till the date of expiry.

(2.) AS all these Writ Petitions involve same question of law, therefore, they are being disposed off by this common order.

(3.) AS far as the last submission made by learned Advocate General is concerned, perusal of W.P. No. 3247/2003 reveals that the petitioner has questioned the legality and correctness of the impugned order dated 31.12.2002 on the ground of unreasonableness, and that it amounts to enmasse refusal. The refusal to renew the certificate of notary is arbitrary. In para 5.8. of W.P. No. 3247/2003 it has also been mentioned that action of the State is wholly arbitrary and cannot be sustained in law. Therefore, in this Writ Petition, the policy decision has been challenged being arbitrary. Of course, in other petitions specifically this ground has not been raised, but to my mind, if it is held to be arbitrary, unjust and irrational in this Writ Petition, then it will apply to all cases.