LI Network
Published on: January 1, 2024 at 21:55 IST
The Kerala High Court has emphasized that advocates’ notary applications cannot be summarily dismissed under Rule 8(1)(c) of the Notaries Rules, 1956 without providing valid and pertinent reasons.
Justice Devan Ramachandran clarified that the rejection of these applications solely based on a higher number of applicants than vacancies is insufficient unless it is established that other candidates are notably more qualified.
Highlighting the importance of giving substantial and legal grounds for rejection, the Court asserted that an advocate should not be deemed unfit for a notary position without a clear explanation, as it could severely impact their credibility and capabilities.
This stance aligns with a previous case, Abdul Kareem M.T.P. v. State of Kerala [2023], reinforcing the necessity for valid justifications in rejecting such applications.
In a case brought before the Court where a petitioner’s notary applications were dismissed without proper reasoning, despite being deemed eligible by the Statutory Interview Board, the Court ruled in favor of the petitioner. It stressed that rejecting an advocate’s notary application without adequate grounds would tarnish their reputation and competence.
The Court specifically addressed an instance where an application was declined solely due to a high volume of applicants. It emphasized that even in scenarios with numerous candidates, rejecting notary applications without valid explanations is unacceptable.
Consequently, the Court overturned the rejection of the petitioner’s application and instructed authorities to reassess the notary application.
