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Judgment
Petitioners in the instant petition have sought a direction to treat the application forms of the petitioner of Notary Public submitted on prescribed time
i.e. on 14th September, 2018. Petitioners have further prayed that after accepting the forms of the Notary Public within time, the respondents ought to
conduct the interview and should consider eligible for appointment.
The facts pleaded in the writ petition are that all the petitioners are advocates and have submitted their application through proper channel in
pursuance of advertisement dt. 31st August, 2018. Petitioners have pleaded that there was only one post advertised for Dholpur City and the
petitioners submitted their duly filled up application form in the office of District & Session Judge through proper channel i.e. The Bar Association.
Petitioners have pleaded that the forms submitted in the office of District & Session Judge, ought to have been immediately sent to the office of
Principal Secretary, Department of Law & Legal Affairs, Government Secretary, Jaipur. It has been alleged in the petition that when petitioners
learnt that interview calls have been issued to the other candidates for other places and petitioners were not informed, as such the enquiry was made
from the office of District & Session Judge, Dholpur.
Petitioners have pleaded that the District & Session Judge, Dholpur informed the president of Advocate/Bar Association, Dholpur that the forms were
sent by speed post on 14th September, 2018 and as such his part was complete after sending the forms of the petitioners.
Counsel for the petitioner-Mr. Anil Upman submitted that since no application form was received in the office of Principal Secretary, Law & Legal
Affairs, Jaipur, the appointment has not been made of any person of Notary Public in Dholpur.
This Court on 26th September, 2018, had directed learned counsel for the petitioner to serve copy of the writ petition in the office of Mr. Rishi Pal
Agarwal, who appears on behalf of Principal Secretary, Department of Law & Legal Affairs, Government Secretariat, Jaipur.
Mr. Rishipal Agarwal Dy. G.C.-learned counsel for the respondents has appeared today and submitted that interview for the post of Notary Public in
different districts have completed on 25th September, 2018, itself. Counsel submitted that since the application forms were not received before the
stipulated time, there was no question of taking interview of any candidate of Dholpur City of Notary Public. Counsel submitted that the respondents
can only take interviews after receiving duly filled in forms before the last date and no fault lies on their part.
I have heard the submissions made by learned counsel for the parties and perused the material on record.
The facts which have come on record shows that one post of Notary Public has not been filled for Dholpur City. There is no denial of the fact that
Notary Public at Dholpur City was also required to be there at one point of time and accordingly, the advertisement/notification was issued for
appointment.
This Court, finds that if duly filled in form through proper channel were received in the office of District & Session Judge, Dholpur, the non sending of
the forms or non receipt of the forms in the office of Principal Secretary, Department of Law & Legal Affairs, Jaipur, petitioners cannot be made
suffer on that account.
This Court, deems it proper, to direct the respondentsPrincipal Secretary, Department of Law & Legal Affairs to conduct the interview of those
petitioners, who approached this Court and such persons are said to be the only candidates who had submitted their duly filled in forms. The interview
of four candidates may be conducted by the Principal Secretary, Department of Law & Legal Affairs, Government Secretariat, Jaipur on 5th October,
2018. The respondents will bring the result of the said interview before this court on the next date of hearing.
Counsel for the respondents is free to file reply.
List the matter on 12th October, 2018, as prayed.