KEWAL KRISHAN ABROL ADVOCATE Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed for issuing a writ of mandamus directing the respondents to appoint the petitioner as a Notary at Ambala Sub Division, Ambala.

(2.) THE petitioner is a practising Advocate at Ambala. The Government of Haryana decided to appoint three Notaries in Ambala Sub Division and wrote a letter to the Deputy Commissioner, Ambala, to send a panel of competent Advocates for appointment as Notaries. Accordingly, the Deputy Commissioner, Ambala, recommended the names of three Advocates for being appointed as Notaries. The petitioner's name is found in the panel of names communicated by the 2nd respondent to the Government of Haryana for being appointed as Notaries under the Notaries Act, 1952. The Government of Haryana appointed only two practising Advocates out of the list of 3 Advocates and did not appoint the petitioner as a Notary. On 23. 1. 1995 the Financial Commissioner and Secretary to Govt. Haryana addressed a communication to the Deputy Commissioner, Ambala that out of the panel of three Advocates recommended by him, two posts of Notary Public have been kept vacant in Sub Division, Ambala. There is nothing on record to show why the petitioner was not appointed as Notary. It appears that no reason has been assigned for not appointing the petitioner as Notary.

(3.) IN the case on hand. it does not appear that there is no communication from the State Government to the Petitioner rejecting his application for appointment as a Notary. It is evident from Annexure P-5 dt. 23. 1. 1995 that the State Government has filled up two posts and kept one post of Notary Public vacant for which the Deputy Commissioner was asked to take action for filling up that post and the Financial Commissioner, Ambala to issue a notification for filling up the post and the applications of the Advocates be sent to the Government alongwith his recommendations. Thus, it is clear that State Government without passing an order rejecting the application of the petitioner as provided under the rules, sought further recommendations from the Deputy Commissioner for filling up the 3rd post of Notary Public which has been created by its letter dated 2. 9. 1992 vide Annexure P-1.