Rejecting advocates’ notary applications without valid reasons is inappropriate, as it would cast a stigma on their professional credentials: Kerala High Court

Rejecting advocates’ notary applications without valid reasons is inappropriate, as it would cast a stigma on their professional credentials: Kerala High Court

Case: P C Najeeb v State of Kerala

Coram: Justice Devan Ramachandran

Case No.: W.P.(C). No. 33338 of 2023

Court Observation: “Even when the Government has the right to reject an application under Rule 8(1)(c), it has to be done for germane and legal reasons. The factum of the number of applicants being much higher than the vacancies, cannot be the sole reason to summarily reject it, except if it is established that there are others, who are found to be more eligible in the process. (See for support – Abdul Kareem M.T.P. v. State of Kerala [2023 (1) KHC 666]).”

“I must restate that this Court is persuaded to the afore course, because an Advocate cannot be held unworthy of being appointed as a Notary, without explaining why it is so, since this would indubitably cast deep aspersion on his competence and credentials. This cannot be allowed, whatever be the reason, including large number of candidates or applications”

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Keywords

Rejecting advocates’ notary applications, Kerala High Court