NEELAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition impugns the refusal by the respondent of renewal of the Certificate of Practice as Notary of the petitioner for the reason of the petitioner having not applied for such renewal within a period of six months before the expiry of validity of the Certificate earlier issued to her, as required by Rule 8B of the Notaries Rules, 1956. There was a delay of 11 days according to the petitioner and of 39 days according to the counsel for the respondent appearing on advance notice, in applying for renewal.

(2.) The proviso to Rule 8B empowers the appropriate government to relax the condition of submission of application for renewal of Certificate of Practice before the aforesaid period of six months. It is the case of the petitioner that she, in her application dated 28th May, 2015, had given reasons for the delay in applying for renewal and the respondents have not considered the said reasons.

(3.) The counsel for the respondent appearing on advance notice states that the Rule 8B does not confer any right on a person granted Certificate of Practice as Notary to have his / her Certificate renewed for a further period of five years and the respondents are entitled to refuse renewal in their discretion.