HC asks if reservation is followed in appointment of Notaries

Centre argues it enjoys absolute statutory discretion in such matters


Hearing a plea that sought inclusion of differently abled candidates for appointment to the post of Notaries in the State, the Madurai Bench of the Madras High Court on Wednesday asked the Centre if it had implemented reservation for the disabled.

The petitioner, advocate R. Ravi Kumar of Madurai, a differently abled candidate himself, sought to quash the Centre’s notification for appointing Notaries issued on February 21, as no candidate under the differently abled category was appointed to the post. The 4% reservation mandated under Section 34 of the Rights of Persons with Disabilities Act, 2016, was not followed, he said.

Justice R. Suresh Kumar asked the Ministry of Law and Justice if reservation policy was followed for the appointment. Taking cognisance of a counter filed by the Centre which said it enjoyed absolute statutory discretion in such matters, the court asked if any candidate was selected under the differently abled category and if community certificates were sought from selected candidates.

The court said an additional affidavit or a written statement should be filed by the Centre in the case and adjourned the hearing till August 5.

The petitioner said the Centre had called for applications for selection/appointment of Notaries in Tamil Nadu in August 2018. The eligibility criteria included law practice for not less than 10 years after enrolling with the State bar council. In the case of SC/ST/OBC candidates the period of practice was seven years. The petitioner said he had applied under the special category. However, he was not selected.

He added that as of now 748 Notaries had been selected for 1,360 vacancies and the remaining posts were still lying vacant. He sought a direction to consider him for appointment and also pointed out that a public interest litigation petition on the same issue was pending before the High Court.

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Printable version | Jun 5, 2020 10:30:03 PM |

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