THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1050 of 2004 Date: 27.10.2009 Between: Union of India . .... APPELLANTS AND S. Venkatesham and others. .. Respondents. THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1050 of 2004 Oral Judgment: (Per Hon’ble Smt. Justice T. Meena Kumari) The Union of India filed the present appeal being aggrieved by the order of the learned single Judge dated 29.7.2002 made in Writ Petition No. 9936 of 2002. The facts in brief are that the 1st respondent who has got himself enrolled as an Advocate in the year 1968 has been practising as such. Subsequently, he appears to have been appointed as a Notary by the 2nd respondent for a period of three years and the same was being renewed every three years. While so, on 3.1.2002, he filed an application for renewal of the certificate before the 2nd respondent seeking to renew the certificate as the period of renewal was coming to an end. However, as no action was taken by the 1st respondent on the said application, he filed the aforementioned writ petition before the learned single Judge seeking a direction to the 2nd respondent to renew the Notary Certificate as per Section 5(2) of the Notaries Act, 1952. The 3rd respondent filed counter affidavit before the learned single Judge stating that as per sub-rule 4-A of Rule 8 of the Notatires Rules, 1956 made under the Act, a restriction was imposed on the number of entries and in view of the fact that the existing notaries are in excess of the number specified in the schedule, no orders were passed on the application of the 1st respondent and as per the said proviso, they cannot grant renewal beyond the prescribed number of notaries. The learned single judge having heard the learned counsel for the parties and having considered the proviso Sub-rule 4-A of Rule 8 coupled with Section 5(2) of the Act, held that the respondent-authorities cannot reject the application of the 1st respondent for renewal of certificate on the ground of fixation of quota. On that ground, the learned single judge, through the impugned order, allowed the writ petition and directed the respondent-authorities to consider the case of the 1st respondent-writ petitioner for renewal of the certificate of practice as Notary. Feeling aggrieved, the Union of India preferred the present appeal. Heard Sri A. Rajasekhar Reddy, learned Asst. Solicitor General appearing on behalf of the appellants; the learned counsel for the 1st respondent; the learned Government Pleader for Revenue appearing on behalf of respondents 2 and 3 and perused the order of the learned single Judge. Admittedly, Sub-Rule (4-A) of Rule 8 of the Notaries Rules only restricts the number of notaries. The first proviso of the said sub-Rule contemplates that the total number of notaries renewed under Section 5(2) of the Act should be in consonance with the total number of notaries specified in the schedule. However, the second proviso of the said Sub- Rule states that if the number of notaries appointed prior to 9.5.2001 exceed the number of notaries specified in the schedule, such notaries shall continue to function and there is no specific embargo against renewal of such certificates. Therefore, on a conjoint reading of Section 5(2) of the Act and Sub- Rule(4-A) of Rule 8 of the Rules, we are of the view that there is no bar for continuance of the existing notaries and if any restriction has to be imposed, the same can only be applied to fresh applications. In fact, the second proviso to sub-Rule 4-A very specifically asserts the continuance of the existing notaries. The learned single Judge, having considered the aforesaid legal position rightly held that the bar contained under sub-rule 4-A cannot be made applicable to the notaries, who are appointed prior to 9.5.2001. Hence, we do not find any illegality or irregularity in the well considered order of the learned single Judge. The appeal fails and it is accordingly dismissed. No costs. ___________________ T.MEENA KUMARI,J Date: 27th October, 2009 _________________ SANJAY KUMAR,J pnb