SURESH KUMAR SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein calls in question the order dated 13.8.2008 passed by of District and Sessions Judge, Korba by which his application for appointment of Notary has been rejected on the ground that he had not been practising as an Advocate for the last 10 years on the date of inviting application for the post of Notary.

(2.) Learned Counsel appearing for the petitioner would submit that the petitioner has been enrolled with the State Bar Council of M.P. (now C.G.) on 7.9.1996 and since then he is practising as an Advocate in the District Court, Korba from 7.9.1996, as such, his experience is more than 10 years as a practising Advocate on 21.4.2008 i.e., the date of inviting applications for appointment of the Notaries by the State Government but his application has been rejected ignoring the provisions contained in section 3 (a) of the Notaries Rule, 1956.

(3.) On the other hand, Counsel for the respondents would submit that though the petitioner was enrolled with the State Bar Council of M.P. (Now C.G.) on 7.9.1996 but as he has become the member of District Bar Association, Korba with effect from 1.9.1998, he did not have the requisite qualification for appointment of Notary and, therefore, the District Judge, Korba has rightly rejected the application filed by the petitioner for appointment on the post of Notary.