OM PRAKASH JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners have filed this writ petition under Article 226 of the Constitution of India with a prayer to issue writ, older in the nature of mandamus, certiorari or any other writ to quash the notification dated 31.1.1992, issued by the Government of India, Ministry of External Affairs, to the effect that only those documents will be given to the Ministry of External Affairs for authentication, which have been attested by the officers, specifically designated to do so by the State Governments.

(2.) Briefly stated, the facts leading to the filing of this writ petition are as under:

(3.) Om Prakash Jain, petitioner No.1 was appointed as a Notary by the Government of India and was registered as such under Section 5 of the Notaries Act, 1952 (hereinafter referred to as "the Act"). P.Y. Bhagat, petitioner No.2 was appointed as a Notary by Delhi Administration on 5.12.1986 and their appoints are valid till date. The names of the Notaries are entered in the register and they can be removed on the grounds mentioned in Section 10 of the Act The ads, which can be performs by the Notaries have been specified in Section 8 of the Act, which include attestation and authentication of instruments intended to take effect in any country or place outside India in such form and language as may conform to the law of the place where such deed is entitled to operate and also to translate and verify the translation of any document from one language into another.