P. C. NAJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) In matters of appointment of Advocates as Notaries, several matters are reaching this Court, primarily because the Authorities do not act within the ambit of the statutory scheme, in its proper perspective.

(2.) When an Advocate applies to be a Notary, minimum requirement of expertise and quality is to be presumed; and it is only in cases where it is found to be otherwise, or where someone else is found preferable on cogent and verifiable bedrock, a choice can be effectively made.

(3.) This Court has opened the judgment with the afore preface because this is a matter in which the petitioner has approached this Court at least twice before. Even though he was interviewed by the Statutory Interview Board and found eligible, his application was rejected under Rule 8(1)(c) of the Notaries Rules, 1956 (hereinafter referred to as the 'Rules' for short), but without assigning any reason. This has been frowned upon by this Court in several judgments in the past because, when an application of an Advocate is so dealt with, it will cast a stigma on his reputation and competence, which cannot be permitted or countenanced.