A Y AYPE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner retired from Government service as a Sub-Registrar. After he retired he made an application (Ext. P1) in Form A under Rule 8 of the Kerala Document Writers' Licence Rules, 1960, (the "Rules"). His application was rejected by Ext. P3 for the reason that he was not qualified to be considered for registration in view of the deletion of Rule 5 (A) (1). This Rule as it stood originally provided :

(2.) The petitioner contends that the Rules relating to Document Writers' Licence are ultra vires the Act. According to him, none of the Rules relating to licensing of Document Writers is valid. These Rules, he says, are inconsistent with the Registration Act, 1908 (the 'Act'), which is a Central enactment. He further contends that the Rules are discriminatory insofar as they provide that only persons having licences can practice the profession of document writers even if others are equally or better experienced in the field. The Rules were made under Section 69 (1) (bb). This provision is challenged for the reason that it was introduced by an amendment of the Travancore-Cochin legislature which is alleged to be inconsistent with the Central enactment.

(3.) Registration is a matter included in List III of the VII Schedule to the Constitution. The Registration Act, 1908, provides for Rules being made by the Inspector-General subject to the approval of the State Government. Section 69 reads as follows :