Introduction:

In a recent ruling, the Kerala High Court affirmed the protection of advocates’ notary applications, emphasizing that rejections under Rule 8(1)(c) of the Notaries Rules, 1956 must be substantiated with valid reasons. Justice Devan Ramachandran underscored that a high number of applicants, compared to vacancies, cannot be the sole ground for summarily rejecting applications. The court’s verdict, drawn from the case of P C Najeeb v State of Kerala, reinforces the principle that advocates should not face unwarranted aspersions on their competence without proper justification.

Arguments of Both Sides:

The petitioner, P C Najeeb, approached the court after his notary applications were rejected without providing valid reasons. The petitioner had been found eligible by the Statutory Interview Board, yet his applications faced summary rejection merely due to a large number of applicants. Advocates Mathew Kuriakose and others, representing the petitioner, argued that rejection without germane reasons would unfairly stain the reputation and competence of advocates seeking notary appointments.

On the other side, the government pleader, Sunil Kumar Kuriakose, defended the rejection, citing the overwhelming number of applications as a justifiable reason. However, the court highlighted that such a rationale, without further elucidation, could lead to unjust consequences for the advocates involved.

Court’s Judgment:

Justice Devan Ramachandran’s judgment emphasized that Rule 8(1)(c) does provide the government with the right to reject applications but stressed that this should be done for legitimate and legal reasons. The court referred to the precedent set in Abdul Kareem M.T.P. v. State of Kerala [2023 (1) KHC 666], emphasizing the necessity of valid grounds for rejection, especially when a large number of applications are at play. The court expressed concern that a summary rejection would cast aspersions on the advocate’s competence and credentials.

In light of these considerations, the court set aside the order rejecting P C Najeeb’s notary application, directing the authorities to reconsider it. The ruling establishes a precedent that advocates’ notary applications cannot be summarily rejected without proper justification, safeguarding their professional reputation.