1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR 1. D.B.C. SPECIAL APPEAL(W) No.310/2010 STATE OF RAJ. & ORS. V/S ABDUL WAHID SIDDIKI 2. D.B.C. SPECIAL APPEAL(W) No.250/2010 STATE OF RAJ. & ORS. V/S RAM KUMAR SHARMA 3. D.B.C. SPECIAL APPEAL(W) No.251/2010 STATE OF RAJ. & ANR. V/S ROOP DAN RATNU 4 D.B.C. SPECIAL APPEAL(W) No.254/2010 STATE OF RAJ. & ORS. V/S GOPAL PAHAR 5. D.B.C. SPECIAL APPEAL(W) No.267/2010 STATE OF RAJ. & ORS. V/S VIJAY KUMAR BHANOT 6. D.B.C. SPECIAL APPEAL(W) No.268/2010 STATE OF RAJ. & ORS. V/S VITHAL DAS PUROHIT 7. D.B.C. SPECIAL APPEAL(W) No.292/2010 STATE OF RAJ. & ORS. V/S OM PRAKASH KUMAWAT 8. D.B.C. SPECIAL APPEAL(W) No.293/2010 STATE OF RAJ. & ORS. V/S MOHMMED RAFIQUE PATHAN 9. D.B.C. SPECIAL APPEAL(W) No.294/2010 STATE OF RAJ. & ORS. V/S LAXMI LAL BHAGORA 10. D.B.C. SPECIAL APPEAL(W) No.295/2010 STATE OF RAJ. & ORS. V/S RATAN LAL SANKHALA 11. D.B.C. SPECIAL APPEAL(W) No.296/2010 STATE OF RAJ. & ORS. V/S AMAR CHAND 12. D.B.C. SPECIAL APPEAL(W) No.297/2010 STATE OF RAJ. & ANR. V/S SYED TAJ MOHAMMED 13. D.B.C. SPECIAL APPEAL(W) No.298/2010 STATE OF RAJ. & ORS. V/S BHERU LAL AHIR 14. D.B.C. SPECIAL APPEAL(W) No.301/2010 STATE OF RAJ. & ORS. V/S VIMAL CHANDRA 15. D.B.C. SPECIAL APPEAL(W) No.302/2010 STATE OF RAJ. & ORS. V/S POONAM CHAND 16. D.B.C. SPECIAL APPEAL(W) No.303/2010 STATE OF RAJ. & ORS. V/S SHIV PRAKASH KALARA 17. D.B.C. SPECIAL APPEAL(W) No.333/2010 STATE OF RAJ. & ORS. V/S SATISH KUMAR GARG 18. D.B.C. SPECIAL APPEAL(W) No.334/2010 STATE OF RAJ. & ORS. V/S SURENDRA MOHAN BANSAL 19. D.B.C. SPECIAL APPEAL(W) No.335/2010 STATE OF RAJ. & ORS. V/S MANOHAR LAL BAPNA 20. D.B.C. SPECIAL APPEAL(W) No.336/2010 STATE OF RAJ. & ORS. V/S SAMPAT RAJ PATEL 21. D.B.C. SPECIAL APPEAL(W) No.337/2010 STATE OF RAJ. & ORS. V/S KARANI SINGH RATHORE 2 22. D.B.C. SPECIAL APPEAL(W) No.338/2010 STATE OF RAJ. & ORS. V/S AKBAR ALI CHHIPA 23. D.B.C. SPECIAL APPEAL(W) No.339/2010 STATE OF RAJ.& ORS. V/S NACHHATTAR SINGH SIDHU 24. D.B.C. SPECIAL APPEAL(W) No.340/2010 STATE OF RAJ. & ORS. V/S RAM SWAROOP BHATI 25. D.B.C. SPECIAL APPEAL(W) No.355/2010 STATE OF RAJ. & ORS. V/S PURSHOTTAN PRASAD JOSHI 26. D.B.C. SPECIAL APPEAL(W) No.357/2010 STATE OF RAJ. & ANR. V/S PREM SINGH 27. D.B.C. SPECIAL APPEAL(W) No.358/2010 STATE OF RAJ. & ORS. V/S LALIT KUMAR KHAMESARA 28. D.B.C. SPECIAL APPEAL(W) No.359/2010 STATE OF RAJ. & ORS. V/S RANJEET SINGH KUMPAWAT 29. D.B.C. SPECIAL APPEAL(W) No.360/2010 STATE OF RAJ. & ORS. V/S GOPAL KRISHNA KABRA 30. D.B.C. SPECIAL APPEAL(W) No.361/2010 STATE OF RAJ. & ORS. V/S JIYA RAM GODARA 31. D.B.C. SPECIAL APPEAL(W) No.362/2010 STATE OF RAJ. & ORS. V/S LAXMI LAL SURANA 32. D.B.C. SPECIAL APPEAL(W) No.365/2010 STATE OF RAJ. & ORS. V/S CHANDRA PRAKASH TIWARI 33. D.B.C. SPECIAL APPEAL(W) No.366/2010 STATE OF RAJ. & ORS. V/S ANIL KUMAR KALARA 34. D.B.C. SPECIAL APPEAL(W) No.367/2010 STATE OF RAJ. & ORS. V/S RAJA RAM VISHNOI 35. D.B.C. SPECIAL APPEAL(W) No.368/2010 STATE OF RAJ. & ORS. V/S HIMMAT SINGH JUNEJA 36. D.B.C. SPECIAL APPEAL(W) No.369/2010 STATE OF RAJ. & ORS. V/S JAWAHAR LAL 37. D.B.C. SPECIAL APPEAL(W) No.370/2010 STATE OF RAJ. & ORS. V/S NAND KISHORE 38. D.B.C. SPECIAL APPEAL(W) No.371/2010 STATE OF RAJ. & ORS. V/S MURLI MANOHAR BORA 39. D.B.C. SPECIAL APPEAL(W) No.372/2010 STATE OF RAJ. & ORS. V/S SARDAR SINGH BARHAT 40. D.B.C. SPECIAL APPEAL(W) No.373/2010 STATE OF RAJ. & ORS. V/S YASH PAL TAK 41. D.B.C. SPECIAL APPEAL(W) No.374/2010 STATE OF RAJ. & ORS. V/S BRAHAM PRAKASH SHARMA 42. D.B.C. SPECIAL APPEAL(W) No.381/2010 STATE OF RAJ. & ORS. V/S ANANDSWAROOP MODI 43. D.B.C. SPECIAL APPEAL(W) No.399/2010 STATE OF RAJ. & ORS. V/S BUDHI PRAKASH PUROHIT 3 44. D.B.C. SPECIAL APPEAL(W) No.400/2010 STATE OF RAJ. & ORS. V/S LAL SINGH RATHORE 45. D.B.C. SPECIAL APPEAL(W) No.401/2010 STATE OF RAJ. & ANR. V/S KAMLA PRASAD PALIWAL 46. D.B.C. SPECIAL APPEAL(W) No.402/2010 STATE OF RAJ. & ORS. V/S SOHAN LAL MEHTA 47. D.B.C. SPECIAL APPEAL(W) No.403/2010 STATE OF RAJ. & ORS. V/S NAVNEET KUMAR JAIN 48. D.B.C. SPECIAL APPEAL(W) No.404/2010 STATE OF RAJ. & ORS. V/S ARJUN UPADHYAY 49. D.B.C. SPECIAL APPEAL(W) No.405/2010 STATE OF RAJ. & ORS. V/S MADAN LAL JAIN 50. D.B.C. SPECIAL APPEAL(W) No.406/2010 STATE OF RAJ. & ORS. V/S SURESH CHANDRA SHROTRIYA 51. D.B.C. SPECIAL APPEAL(W) No.407/2010 STATE OF RAJ. & ORS. V/S SATYA NARAIN SONI 52. D.B.C. SPECIAL APPEAL(W) No.408/2010 STATE OF RAJ. & ORS. V/S MANOHAR RAM BISHNOI 53. D.B.C. SPECIAL APPEAL(W) No.409/2010 STATE OF RAJ. & ORS. V/S TRILOK DASHOTTAR 54. D.B.C. SPECIAL APPEAL(W) No.410/2010 STATE OF RAJ. & ORS. V/S SURENDRA KUMAR SHARMA & ANR. 55. D.B.C. SPECIAL APPEAL(W) No.411/2010 STATE OF RAJ. & ORS. V/S NARENDRA SINGH BHATI & ORS. 56. D.B.C. SPECIAL APPEAL(W) No.413/2010 STATE OF RAJ. & ORS. V/S DURGA LAL KUMAHAR 57. D.B.C. SPECIAL APPEAL(W) No.414/2010 STATE OF RAJ. & ORS. V/S SMT. BHUWNESHWARI JAIN 58. D.B.C. SPECIAL APPEAL(W) No.415/2010 STATE OF RAJ. & ORS. V/S UMMED RAJ 59. D.B.C. SPECIAL APPEAL(W) No.416/2010 STATE OF RAJ. & ORS. V/S HARI MOHAN MAHARSHI 60. D.B.C. SPECIAL APPEAL(W) No.417/2010 STATE OF RAJ. & ANR. V/S LAL SINGH PARMAR 61. D.B.C. SPECIAL APPEAL(W) No.419/2010 STATE OF RAJ. & ANR. V/S SATYA NARAYAN 62. D.B.C. SPECIAL APPEAL(W) No.420/2010 STATE OF RAJ. & ORS. V/S NIRMAL KUMAR JAIN 63. D.B.C. SPECIAL APPEAL(W) No.421/2010 STATE OF RAJ. & ORS. V/S CHATURBHUJ PALIWAL & ANR. 64. D.B.C. SPECIAL APPEAL(W) No.422/2010 STATE OF RAJ. & ORS. V/S JAGDISH SINGH SOLANI 65. D.B.C. SPECIAL APPEAL(W) No.423/2010 STATE OF RAJ. & ORS. V/S INDU LAL PATIDAR 4 66. D.B.C. SPECIAL APPEAL(W) No.424/2010 STATE OF RAJ. & ANR. V/S POONAM CHAND 67. D.B.C. SPECIAL APPEAL(W) No.425/2010 STATE OF RAJ. & ORS. V/S BHIM SINGH RAJVI 68. D.B.C. SPECIAL APPEAL(W) No.426/2010 STATE OF RAJ. & ANR. V/S KHYALI LAL 69. D.B.C. SPECIAL APPEAL(W) No.427/2010 STATE OF RAJ. & ORS. V/S OM PRAKASH JAIN 70. D.B.C. SPECIAL APPEAL(W) No.428/2010 STATE OF RAJ. & ORS. V/S DURGA SHANKAR TIWARI 71 D.B.C. SPECIAL APPEAL(W) No.429/2010 STATE OF RAJ. & ORS. V/S MOD SINGH RATHORE 72 D.B.C. SPECIAL APPEAL(W) No.430/2010 STATE OF RAJ. & ORS. V/S ABDUL GHAFOOR AJMERI 73 D.B.C. SPECIAL APPEAL(W) No.431/2010 STATE OF RAJ, & ORS. V/S KRISHNA GOPAL BADMERA 74. D.B.C. SPECIAL APPEAL(W) No.432/2010 STATE OF RAJ. & ORS. V/S MANOHAR SINGH RATHORE 75. D.B.C. SPECIAL APPEAL(W) No.433/2010 STATE OF RAJ. & ORS. V/S BABU LAL BORANA 76. D.B.C. SPECIAL APPEAL(W) No.434/2010 STATE OF RAJ. & ORS. V/S MOHAN SINGH RATNU 77. D.B.C. SPECIAL APPEAL(W) No.440/2010 STATE OF RAJ. & ORS. V/S ASLAM KHAN RAMPURI 78. D.B.C. SPECIAL APPEAL(W) No.441/2010 STATE OF RAJ. & ORS. V/S PARASMAL SONI 79. D.B.C. SPECIAL APPEAL(W) No.442/2010 STATE OF RAJ. & ORS. V/S KRISHNA GOPAL SONI 80. D.B.C. SPECIAL APPEAL(W) No.443/2010 STATE OF RAJ. & ORS. V/S MOTI KISHAN PUROHIT 81. D.B.C. SPECIAL APPEAL(W) No.444/2010 STATE OF RAJ. & ORS. V/S KISHORI LAL SONI 82. D.B.C. SPECIAL APPEAL(W) No.445/2010 STATE OF RAJ. & ANR. V/S BHERU LAL TELI 83. D.B.C. SPECIAL APPEAL(W) No.446/2010 STATE OF RAJ. & ORS. V/S SATYA NARAIN 84. D.B.C. SPECIAL APPEAL(W) No.447/2010 STATE OF RAJ. & ORS. V/S ASRAR AHMED 85. D.B.C. SPECIAL APPEAL(W) No.448/2010 STATE OF RAJ. & ORS. V/S VIJAY RAJ PARAKH 86. D.B.C. SPECIAL APPEAL(W) No.450/2010 STATE OF RAJ. & ORS. V/S SMT. BASANTI MATHUR 87. D.B.C. SPECIAL APPEAL(W) No.453/2010 STATE OF RAJ. & ORS. V/S SANJEEV BHATNAGAR 5 88. D.B.C. SPECIAL APPEAL(W) No.454/2010 STATE OF RAJ. & ANR. V/S SHANTI LAL 89. D.B.C. SPECIAL APPEAL(W) No.455/2010 STATE OF RAJ. & ORS. V/S KAMAL KUMAR SHRIMALI 90. D.B.C. SPECIAL APPEAL(W) No.468/2010 STATE OF RAJ. & ORS. V/S VISHAN SINGH GODARA 91. D.B.C. SPECIAL APPEAL(W) No.472/2010 STATE OF RAJ.& ORS. V/S YASHWANT SINGH ARYA SHANKHALA 92. D.B.C. SPECIAL APPEAL(W) No.02732/2010 STATE OF RAJ. & ORS. V/S NEETA SINGH 93. D.B.C. SPECIAL APPEAL(W) No.02875/2010 STATE OF RAJ. & ORS. V/S RAM KISHORE CHOUDHARY & ORS 94. D.B.C. SPECIAL APPEAL(W) No.02879/2010 STATE OF RAJ. & ORS. V/S NIZAM KHAN 95. D.B.C. SPECIAL APPEAL(W) No.02923/2010 STATE OF RAJ. & ORS. V/S MOOL SINGH SHEKHAWAT 96. D.B.C. SPECIAL APPEAL(W) No.02925/2010 STATE OF RAJ. & ORS. V/S JOGENDRA SINGH MONGA 97. D.B.C. SPECIAL APPEAL(W) No.02927/2010 STATE OF RAJ. & ORS. V/S NARAYAN SINGH 98. D.B.C. SPECIAL APPEAL(W) No.03001/2010 STATE OF RAJ. & ORS. V/S AJAY KUMAR SAXENA 99. D.B.C. SPECIAL APPEAL(W) No.03009/2010 STATE OF RAJ. & ORS. V/S KULVINDER SINGH 100. D.B.C. SPECIAL APPEAL(W) No.03010/2010 STATE OF RAJ. & ORS. V/S KRISHNA BALDEV MIDHA 101. D.B.C. SPECIAL APPEAL(W) No.03011/2010 STATE OF RAJ. & ORS. V/S MUKESH KUMAR DEVPURA 102. D.B.C. SPECIAL APPEAL(W) No.03012/2010 STATE OF RAJ. & ORS. V/S BHANWAR LAL SAINI 103. D.B.C. SPECIAL APPEAL(W) No.03013/2010 STATE OF RAJ. & ORS. V/S RESHAM SINGH 104. D.B.C. SPECIAL APPEAL(W) No.03025/2010 STATE OF RAJ. & ORS. V/S BANWARI LAL DIXIT 105. D.B.C. SPECIAL APPEAL(W) No.03026/2010 STATE OF RAJ. & ANR. V/S JEEYA RAM RAYAL 106. D.B.C. SPECIAL APPEAL(W) No.03027/2010 STATE OF RAJ. & ORS. V/S KISHAN LAL JAT 107. D.B.C. SPECIAL APPEAL(W) No.03029/2010 STATE OF RAJ. & ORS. V/S OM PRAKASH SHARMA 108. D.B.C. SPECIAL APPEAL(W) No.03030/2010 STATE OF RAJ. & ORS. V/S JAGDISH CHANDRA 6 109. D.B.C. SPECIAL APPEAL(W) No.03040/2010 STATE OF RAJ. & ORS. V/S ASHOK KUMAR BAGARIA 110. D.B.C. SPECIAL APPEAL(W) No.03080/2010 STATE OF RAJ. & ORS. V/S AJIT SINGH SOLNKI 111. D.B.C. SPECIAL APPEAL(W) No.03081/2010 STATE OF RAJ. & ORS. V/S SAJJANMAL JAIN 112. D.B.C. SPECIAL APPEAL(W) No.03083/2010 STATE OF RAJ. & ORS. V/S HANUMAN PRASAD TIWARI 113. D.B.C. SPECIAL APPEAL(W) No.03087/2010 STATE OF RAJ. & ORS. V/S RATAN LAL RAJORA 114. D.B.C. SPECIAL APPEAL(W) No.03090/2010 STATE OF RAJ. & ORS. V/S MANGILAL KHANDELWAL 115. D.B.C. SPECIAL APPEAL(W) No.03091/2010 STATE OF RAJ. & ANR. V/S GAJRAJ SINGH RAJVI 116. D.B.C. SPECIAL APPEAL(W) No.03097/2010 STATE OF RAJ. & ORS. V/S MADAN LAL LUHAR 117. D.B.C. SPECIAL APPEAL(W) No.03098/2010 STATE OF RAJ. & ORS. V/S BANSHI LAL LADHA 118. D.B.C. SPECIAL APPEAL(W) No.03114/2010 STATE OF RAJ. & ORS. V/S MUNIR GANI SHEIKH 119. D.B.C. SPECIAL APPEAL(W) No.03141/2010 STATE OF RAJ. & ORS. V/S MANGAT RAM 120. D.B.C. SPECIAL APPEAL(W) No.03142/2010 STATE OF RAJ. & ORS. V/S GAUTAM PRAKASH SHARMA 121. D.B.C. SPECIAL APPEAL(W) No.03143/2010 STATE OF RAJ. & ORS. V/S SOAN DAN 122. D.B.C. SPECIAL APPEAL(W) No.03144/2010 STATE OF RAJ. & ORS. V/S TARUN MEHTA & ORS. 123. D.B.C. SPECIAL APPEAL(W) No.03166/2010 STATE OF RAJ. & ORS. V/S IQBAL HUSSAIN QUARESSY 124. D.B.C. SPECIAL APPEAL(W) No.03168/2010 STATE OF RAJ. & ORS. V/S NATWAR LAL CHOUBISA 125. D.B.C. SPECIAL APPEAL(W) No.03239/2010 STATE OF RAJ. & ANR. V/S. CHHOTU RAM 126. D.B.C. SPECIAL APPEAL(W) No.03240/2010 STATE OF RAJ. & ORS. V/S NIHAL CHAND 127. D.B.C. SPECIAL APPEAL(W) No.03241/2010 STATE OF RAJ. & ORS. V/S GOPAL KRISHAN GAUR 128. D.B.C. SPECIAL APPEAL(W) No.03245/2010 STATE OF RAJ. & ANR. V/S LALCHAND 129. D.B.C. SPECIAL APPEAL(W) No.03246/2010 STATE OF RAJ. & ORS. V/S JETH MAL SAIN 130. D.B.C. SPECIAL APPEAL(W) No.03247/2010 STATE OF RAJ. & ANR. V/S CHANDAN SINGH BHATI 7 131. D.B.C. SPECIAL APPEAL(W) No.03248/2010 STATE OF RAJ. & ORS. V/S RATAN SINGH MEHTA 132. D.B.C. SPECIAL APPEAL(W) No.03253/2010 STATE OF RAJ. & ORS. V/S SURENDRA PAL GOYAL 133. D.B.C. SPECIAL APPEAL(W) No.03254/2010 STATE OF RAJ. & ORS. V/S CHANDRA PRAKASH SHARMA 134. D.B.C. SPECIAL APPEAL(W) No.03255/2010 STATE OF RAJ. & ORS. V/S MOHD. ISHAQUE RANDER 135. D.B.C. SPECIAL APPEAL(W) No.03265/2010 STATE OF RAJ. & ORS. V/S MANOHAR SINGH RAJPUT 136. D.B.C. SPECIAL APPEAL(W) No.03454/2010 STATE OF RAJ. & ORS. V/S BAJRANG SINGH SHEKHAWAT 137. D.B.C. SPECIAL APPEAL(W) No.03455/2010 STATE OF RAJ. & ORS. V/S PRADEEP KUMAR 138. D.B.C. SPECIAL APPEAL(W) No.03456/2010 STATE OF RAJ. & ORS. V/S ATMA SINGH NANDA 139. D.B.C. SPECIAL APPEAL(W) No.03457/2010 STATE OF RAJ. & ORS. V/S RAM SHANKER DADHEECH 140. D.B.C. SPECIAL APPEAL(W) No.03458/2010 STATE OF RAJ. & ORS. V/S KISHAN GOPAL CHITLANGI 141. D.B.C. SPECIAL APPEAL(W) No.03471/2010 STATE OF RAJ. & ORS. V/S UMMED SINGH 142. D.B.C. SPECIAL APPEAL(W) No.03472/2010 STATE OF RAJ. & ORS. V/S HIMMATA RAM GEHLOT 143 D.B.C. SPECIAL APPEAL(W) No.03473/2010 STATE OF RAJ. & ORS. V/S BABU LAL SANKHLA 144. D.B.C. SPECIAL APPEAL(W) No.03475/2010 STATE OF RAJ. & ORS. V/S SURESH CHANDRA MEHER 145. D.B.C. SPECIAL APPEAL(W) No.03623/2010 STATE OF RAJ. & ORS. V/S NARAYAN RAM KUMHAR 146. D.B.C. SPECIAL APPEAL(W) No.03624/2010 STATE OF RAJ. & ORS. V/S UMMED MAL SURANA 147. D.B.C. SPECIAL APPEAL(W) No.04188/2010 STATE OF RAJ. & ANR. V/S. MAKHAN SINGH 148. D.B.C. SPECIAL APPEAL(W) No.04377/2010 STATE OF RAJ. & ORS. V/S BILAKI DAS CHHANGANI 149. D.B.C. SPECIAL APPEAL(W) No.04378/2010 STATE OF RAJ. & ORS. V/S SULTAN SINGH DEORA Date of Judgment::- 6.12.2010 8 PRESENT Hon'ble the Chief Justice Mr.Arun Mishra Hon'ble Mr.Justice Prakash Tatia Mr.R.L.Jangid, Additional Advocate General for the appellants. Mr.Mahendra Singh Singhvi with Mr.Manish Patel, Mr.I.R.Chaudhary, Mr.Vikram Singh Chaudhary, Mr.C.R.Jhakhar, Mr.Manish Shishodia, Mr.R.S.Shekhawat, Mr.Ramandeep Singh and Mr.Ramesh Purohit for the respondents. JUDGMENT BY THE COURT (Per Hon'ble Arun Mishra, CJ) The question involved in these intra-court appeals is whether the State could have refused renewal of certificate of practice granted to the Notaries? More than 350 renewals have been refused at one stroke on the ground that new procedure for appointment of Notary has been prescribed by amending Rules 7, 7A and 7B of the Notaries Rules, 1956 (hereinafter referred to as “the Rules”) in which interviews are also necessary. The Single Bench has quashed the decision of the State refusing to renew certificate of practice by identically worded orders in all cases. Consequently, the State has travelled to the Division Bench by way of filing these intra-court appeals. It is not in dispute that after following due procedure for appointment prevailing at the relevant time, Notaries were duly appointed. It is also not the case that their renewals have been refused on the ground that they have committed any mistake or have been found unfit otherwise. Five years' period for which they were appointed has expired. Consequently, they have applied for renewal under section 5(2) of the Notaries Act, 1952 (hereinafter referred to as “the 9 Act”) read with Rule 8B, which was inserted in the Rules by way of amendment with effect from 31.10.2007. The case set-up by the Notaries is that the procedure for appointment prescribed under the amended Rules could not have been applied for renewal. Renewal could not have been refused on the ground that new procedure for appointment has been prescribed by amending Rules particularly Rules 4, 6, 7A, 7B with effect from 1.3.2009. The action of the State is illegal, arbitrary and without opportunity of hearing. They have applied in time. Renewal could not have been refused arbitrarily. The applications for renewal were kept pending for years together and all of sudden, applications have been disposed of by similarly worded orders issued on different dates. There is no valid reason for non-renewal. Consequently, the order of non- renewal be quashed. In the return filed by the State, it is contended that though the applications for renewal were moved, period for which certificate of practice was issued had expired. Section 5(2) of the Act has been amended. Earlier it was necessary to issue renewal as the word “shall” was used in Section 5(2) and now it has been substituted by the word “may” by amending Section 5(2). Consequently, renewal cannot be claimed as of right. In view of the amendment, which has been made with effect from 1.3.2009, a complete new procedure has been laid down under Rule 6, 7, 7A and 7B. The State has taken a policy decision that all such appointments as Notary shall be made in accordance with the amended provisions of the Rules, more so, in view of the provision that if the competent authority does not reject the application then he may, if thinks fit, ascertain from any Bar 10 Council, Bar Association, Incorporated Law Society or other authority in the area as to suitability of the candidate. Opportunity of filing representation has also been provided under Rule 7. Thereafter, report has to be made by the competent authority. There is also a provision that interviews can also be conducted under Rule 7A so as to provide equal opportunity to all Advocates entitled to make application for appointment as Notary. The policy decision has been taken not to renew the pending applications. Reliance has also been placed upon Rule 7B incorporated with effect from 1.3.2009 to the effect that all the memorials received by the competent authority and pending shall be processed and examined in accordance with the provisions of the Rules as amended by the Notaries (Amendment) Rules, 2009. Thus, there is no option with the State except to follow the aforesaid mandate of Rule 7B. Consequently, the policy decision, which has been taken, cannot be said to be illegal or arbitrary or violative of Article 14 of the Constitution of India. The question of civil consequences does not arise. Renewal cannot be claimed as of right. There is no violation of Article 14 of the Constitution of India. The Single Bench has opined that procedure for appointment of Notary cannot be applied to the renewal applications. Renewal could not have been refused on the ground of amendment made with effect from 1.3.2009 in the procedure for appointment of Notary. The policy decision of the State has been held to be illegal and arbitrary. Renewal could not have been refused in blanket manner without due application of mind when it is not the finding that any disqualification has been 11 incurred so as to refuse renewal. 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. 12 Mr.Mahendra Singh Singhvi with Mr.Manish Patel, Mr.I.R.Chaudhary, Mr.Vikram Singh Chaudhary, Mr.C.R.Jhakhar, Mr.Manish Shishodia, Mr.R.S.Shekhawat, Mr.Ramandeep Singh and Mr.Ramesh Purohit appearing on behalf of the respondents submitted that renewal is a right and the procedure of appointment could not have been applied to the renewal. Earlier renewal could have been claimed as of right as the word “shall” was used in Section 5(2) of the Act and now by substituting the word “shall” by the word “may”, a discretion has been given to reject the application in case incumbent has not applied within the prescribed period or has incurred any disqualification as prescribed under section 10 of the Act. They have further submitted that efforts have been made under the guise of impugned order to substitute the existing Notaries by new incumbents, which is impermissible. The transitional provision as provided in Rule 7B is not applicable as that deals with only the applications pending for appointment of Notary and not for renewal. Renewal of certificate of practice is dealt with in Rule 8B which has been incorporated by way of amendment with effect from 31.10.2007. The action of the State is contrary to the statutory provisions. No such policy in derogation to the Rules could have been evolved by the State which is repugnant to the statutory protection given to the Notaries. Reliance has also been placed on various decisions which will be referred later on. Before dealing with the above submissions, we deem it proper to consider the Scheme of the Notaries Act. The power to appoint Notaries has been given to the Central Government for whole or any part of India and to the State Government for whole or any part of 13 the State and a person, who possesses the requisite qualifications may be appointed as Notary. Section 5 of the Act deals with the entry of names in the register and issue or renewal of certificate of practice. Section 5(2) before amendment read thus:- “5(2). Every such notary who wishes to continue to practise after the expiry of the period for which his certificate of practice has been issued under this section shall, on application made to the Government appointing him and payment of the prescribed fee, if any, be entitled to have his certificate of practice renewed for three years at a time.” The amended provision is to the following effect:- “5(2) The Government appointing the notary, may, on receipt of an application and the prescribed fee, renew the certificate of practice of any notary for a period of five years at a time." With respect to renewal, there is yet another provision as contained in Rule 8B, which was inserted in the Rules with effect from 31.10.2007. Rule 8B is quoted below:- “8-B. Renewal of Certificate of Practice:- The certificate of practice issued under Sub-rule (4) of Rule 8 may be renewed for a further period of five years on payment of prescribed fee. An application of renewal of Certificate of Practice shall be submitted to the appropriate Government before three months from the date of expiry of its period of validity: Provided that the appropriate Government may, after considering the reasons stated in the application, relax the condition of submission of application for renewal of certificate of practice before the above specific period.” 14 From bare reading of Section 5(2) of the Act, it is apparent that the Government appointing notary, may, on receipt of application and prescribed fee, renew the certificate of practice for five years' at a time. The substitution of word “may” cannot give arbitrary power to refuse renewal of certificate of practice. It has to be read alongwith Rule 8B. In case the application for renewal of certificate of practice has not been filed within the prescribed period i.e. before three months from the date of expiry of its period of validity, the Government may refuse renewal if it has not considered fit and appropriate to relax the condition of submission of application for renewal of certificate of practice before the above period. The Government may also refuse to renew the certificate in case any of the disqualifications has been incurred, which are prescribed in Section 10 of the Act. Section 10 provides that the name of any Notary can be removed in case he is an undischarged insolvent; or has been found to be guilty of such professional or other misconduct as in the opinion of the Government, renders him unfit to practice as a Notary or is convicted by any court for an offence involving moral turpitude. It is not the case of the State Government that non-renewal of certificate of practice was on the ground of incurring of any of the disqualifications or any misconduct. The Notaries Rules have undergone change with effect from 1.3.2009. Rule 4 has been amended to the effect that a person may make an application for appointment as a notary through the concerned District Judge or the Presiding Officer of the