AWADHESH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) C .W.J.C.No. 3089 of 1991 has been filed under Articles 226 and 227 of the Constitution of India whereas C.W.J.C. Nos. 5325/97,4994/96 and 3036/91 have been preferred under Article 226 of the Constitution of India. All the writ applications were made analogous and heard together and are for the same relief, as such, with the consent of the parties are being disposed of by this common judgment. The writ petitioners have prayed for issuance of appropriate writ declaring Bihar Deed Writers Licensing Rules, 1996(hereinafter to by referred to as 'Rules ') as illegal and ultra vires the Constitution of India and inconsistent with the Registration Act. A further prayer has been made for declaration of all consequential actions under the said Rules as illegal, void and unconstitutional.

(2.) THE writ petitioners who are carrying on the profession of a Deed Writer, have challenged the aforementioned Rules on the ground that the Deed Writers who have adopted the said profession for less than ten years, have to obtain licence and to qualify for the same should have a minimum of ten years experience in the said job of Deed Writer.

(3.) UNDER Clause (c) of the said qualification it has been stated that a Deed Writer has to pass a Deed Writers Licensing Examination conducted under the Rule. Provided that a licence may be granted to any person in the profession of the documents writer for at least ten years prior to the date of the Registration (Bihar Amendment) Act, 1991 came into force.