Partly allowed

Saviour George v. State of Kerala

Kerala HC13 Dec 2018WP(C)/5913/2015

Case brief

AI extract

What is this about?

Petitioner, a practicing lawyer, challenged non-appointment as Notary Public despite favorable recommendations, alleging vacancies were created post-counter affidavit. Court directed respondents to consider application based on seniority if future vacancies arise.

What did the court decide?

Petitioner to be considered for appointment in order of seniority if future vacancies arise in the available quota.

Saviour George Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY ,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940

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WP(C).No. 5913 of 2015

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PETITIONER:

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SAVIOUR GEORGE AGED 54 YEARS ADVOCATE, S/O.LATE P.S.GOERGE, PORT QUARTERS, B.C.ROAD, P.O.BEYPORE, CALICUT-673 015.

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BY ADV. SRI.P.V.KUNHIKRISHNAN

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RESPONDENT:

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1 STATE OF KERALA REP. BY ITS SECRETARY, LAW DEPARTMENT, THIRUVANANTHAPURAM-695 001

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2 JOINT SECRETARY AND COMPETENT AUTHORITY UNDER THE NOTARIES ACT LAW DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 THE DISTRICT COLLECTOR KOZHIKODE PIN-673 020.

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BY ADV. GOVERNMENT PLEADER

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OTHER PRESENT:

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SRI. ARAVINDA KUMAR BABU T.K.SR.GP.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5913 of 2015

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JUDGMENT

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Petitioner, a practicing lawyer, has filed this writ petition

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aggrieved by the fact that he is not being appointed as a Notary Public, in spite of favorable recommendations from the authorities concerned. The learned Government Pleader submits that as per the Rule 8(4A) of the Notaries Rules, 1956, the number of notaries that can be appointed by the Government

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of Kerala is only 1000, and that since the Government had appointed notaries to the available quota, it was not possible to consider and appoint the petitioner as a Notary Public.

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The learned counsel for the petitioner submits that, even after filing counter affidavit stating that there is no vacancy in the quota available with the State Government, further appointment of Notary Public is being effected. If any appointment, as alleged, has been effected subsequent to the filing of the counter affidavit in this writ petition, this is a

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WP(C).No. 5913 of 2015

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-3-

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matter to be looked into by the 2^nd respondent.

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If vacancy of Notary Public arise in future, in the

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quota available with the State Government, necessarily the application of the petitioner should also be considered, in accordance with the seniority position.

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The writ petition is disposed of with the above direction.

SD/-

V.G.ARUN

JUDGE

SJ 13.12.2018

WP(C).No. 5913 of 2015

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ENROLLMENT CERTIFICATE OF THE PETITIONER DATED 11-07-87 ISSUED BY THE BAR COUNCIL OF KERALA.

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EXHIBIT P2 TRUE COPY OF THE LETTER NO.3802/H2/2012/LAW DATED 15-02-2012 OF THE 1ST RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE LETTER NO.3802/H2/2012/LAW DATED 28-04-2012 OF THE 2ND RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 2511-2014 SENT BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT TO THE LAW SECRETARY.

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EXHIBIT P5 TRUE COPY OF THE INFORMATION NO.25644/H2/2014/LAW DATED 04-12-2014.

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SJ 13.12.2018

Saviour George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saviour George v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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