THE SECRETARY BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY Vs. THE SECRETARY TO GOVERNMENT MINISTRY OF LAW AND JUSTICE

JUDGEMENT

(1.) The Bar Council of Tamil Nadu and Puducherry has come up with the above writ petition seeking the issue of a writ of Mandamus to direct the respondents to shift the place of interview from New Delhi to Chennai, for appointment of Notaries in the State of Tamil Nadu, insofar as Advocates hailing from Tamil Nadu are concerned.

(2.) Heard Mr. D. Selvam, Chairman of the Bar Council of Tamil Nadu and Puducherry and Mr. G. Rajagopalan, learned Additional Solicitor General appearing for the respondents.

(3.) Under Section 3 of the Notaries Act, 1952, the Central Government for the whole or any part of India and any State Government for the whole or any part of the State, can appoint as Notaries, any legal practitioners or other persons who possess such qualifications as may be prescribed. Under Section 15 of the Act, the Central Government have the power to make Rules to carry out the purposes of the Act. The matters for which provision could be made in the Rules, are listed out in Sub-section (2) of Section 15. Under Clause (a) of Sub-section (2) of Section 15, the qualifications of a Notary, the form and manner in which applications for appointment as a Notary may be made and the manner of disposal of such applications, are some of the matters in respect of which provision may be made in the Rules.