Mr.R.L.Jangid, Additional Advocate General appearing on behalf of the State has submitted that once the Rules have been amended and fair procedure has been prescribed under the amended Rules, particularly Rules 6, 7, and 7A, which have been amended with effect from 1.3.2009, it has been considered appropriate not to renew the pending applications for renewal of certificate of practice as Notary and in doing so, no illegality has been committed by the State. He has placed reliance upon transitional provision as contained in Rule 7B that all memorials have to be dealt with in accordance with the the provisions of the Rules as amended by the Notaries (Amendment) Rules, 2009. Thus, the applications, which were pending, were required to be dealt with under the amended provisions of the Rules by asking the incumbents whose applications were pending, to apply afresh for appointment of Notary as that would be the proper and fair act in consonance with Article 14 of the Constitution of India so as to give opportunity to all Advocates desirous to apply and stake their claim. Learned Additional Advocate General also submitted that it is open to the State to change its policy and to act as per amended Rules and for that, he has placed reliance upon the decision of the Apex Court in Kuldeep Singh V/s Govt. of NCT of Delhi (2006(5) SCC 702). He has further submitted that renewal cannot be claimed as of right. Once the period of certificate of practice as Notary stood expired, renewal could have been refused on the ground that they should participate as per new procedure prescribed under the amended Rules.
