Patna HC dismissed a writ petition seeking reservation for Backward Clases in Notary Public appointments. The court held the Bihar Reservation Act does not apply as notary appointments are licenses, not service posts.
No substantial relief granted; the petition for reservation and quashing of the notary appointment result was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12366 of 2012
====================================================== 1. Asha Kumari D/o Late Rajendra Prasad and W/o Sri Uday Shankar Lal R/o Mohalla- Hajiganj, P.S.- Chauk, Patna City, District- Patna 2. Awadhesh Kumar S/o Sri Laxmi Narayan R/o Mohalla- Dundhi Bazar, P.S.- Chauk, Patna City, District - Patna .... .... Petitioners Versus 1. The State of Bihar 2. The Law Secretary-cum-Legal Rememberencer Law Department, Bihar at Patna 3. The Joint Secretary, Law Department, Bihar at Patna .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Sinha- I with Mr.Ashish Sinha, Advocates For the Respondent/s : Mr. Lalit Kishore, Principal Additional Advocate General with Mrs.Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 4 13-09-2013 Heard learned counsel for the petitioners and learned Principal Additional Advocate General for the State. The petitioners seek quashing of the result of Notary Public dated 14.3.2012 with regard to Patna City issued under the signature of the Joint Secretary, Law Department, Government of Bihar and a further prayer to include the names of the petitioners under reservation quota of appointment. The petitioners had applied for appointment as Notary Public in the Patna City Court pursuant to an advertisement and had appeared in the interview. On the basis of the interview result
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was published and a merit list had been prepared in which the name of the petitioners does not find place.
Learned counsel for the petitioners submits that the petitioners belonging to Backward Class category should be provided with reservation in the selection process of Notary Public. However, learned counsel is unable to show any legal provision under which such reservation can be provided under the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (in short ‘Bihar Reservation Act’). It is not disputed that the appointment of Notaries is not to any post under the Government rather the so-called appointment of Notaries is merely permitting certain Advocates to act as Notary Public under the provisions of the Notaries Act and the Rules framed thereunder.
Learned counsel for the petitioners also is unable to point out any provision of the Bihar Reservation Act which can be applied to the present case.
In the said circumstances, prima facie, the provisions of the Bihar Reservation Act can have no application to such socalled appointments.
Learned counsel for the State, on the other hand, submits
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that there is no provision for reservation in the appointments as Notary Public which have been made under the provisions of Notaries Act, 1952 and the Rules, 1956 framed thereunder by the Central Government and the same does not come under the purview of service or post in establishment rather it is only an appointment/licence by the State Government to do the notary work in the State of Bihar and no salaries, other emoluments or leave and other service conditions are applicable to them and as such the Bihar Reservation Act does not apply to the selection of appointment to the post of Notaries.
It is further submitted that the State Government in order to ensure that the members of the Scheduled Castes and Scheduled Tribes may have a better chance in the selection process had made a special provision that lesser number of year of practice could be entertained for the Scheduled Castes and Scheduled Tribes candidates and beyond that nothing could be done by the State Government in the matter.
In the aforesaid view of the matter, the writ application is devoid of any merit. It is, accordingly, dismissed.
spal/-
(Ramesh Kumar Datta, J)
1 issue framed by the court
Whether the Bihar Reservation Act, 1991 applies to appointments as Notary Public made under the Notaries Act, 1952.
2 provisions across 2 enactments
Asha Kumari and Another
The State of Bihar and Others
Ramesh Kumar Datta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
