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Judgment
P.V. Narayanan Nambiar, J.—Petitioner is a Notary Public appointed by the Government of Kerala under Rule 8 of the Notaries Rules, 1956.
The functions of a Notary is enumerated in Section 8 of the Notaries Act, 1952. Among others a notary is authorised to administer oath to, or take affidavit from, any person as per Section 8(e) of the Notaries Act, Rule 11(8) of the Notaries Rules also authorises a notary to prepare and take affidavits for various purposes for his notarial acts.
Ex. P1 is the Passport Information Booklet which contains a specimen affidavit to be submitted by illiterate applicants as proof of date of birth in case no other document mentioned at Para 4(b) of the instruction booklet is available. At the bottom of the affidavit, a note is appended which shows that the affidavit is to be attested by a Magistrate, Whereas, regarding other specimen affidavits there is no such restriction. Those could be attested by a notary public also.
3A. Petitioner challenges the restriction imposed by the first respondent on the notary public regarding attestation of the affidavit contained in Annexure F to Ext. P1. According to him, such a restriction is uncalled for and is against the provisions of the Notaries Act and Rules and hence, the restriction should be struck down.
In the counter-affidavit filed by the 4th respondent, it is stated that the passport application form and the information booklet attached to it is a part of Schedule II to Passport Rules, 1980. On going through the Passport Rules, 1980. On going through the Passport Rules, 1980 it is seen that the passport application form is part of Schedule III of the Passport Rules, 1980. The information booklet attached to the passport application form is also part of Schedule III. But Annexure F of Ext. P1 does not form part of the information booklet attached to Schedule III of the Passport Rules.
It is not clear under what circumstances such a restriction is imposed regarding attestation of Annexure-F by the notary public. It is also not clear why Annexure-F is to be attested by a Magistrate only and not by a notary public.
When the Notaries Act and Rules permits a notary to prepare affidavits and attest the same, there could be no prohibition for the notaries in attesting an affidavit like Annexure-F. Such a restriction imposed is violative of Articles 14 and 19(1)(g) of the Constitution of India, as it is discriminatory and interferes with the right to practice any profession and hence, it is liable to be quashed.
In view of what is stated above, the restriction imposed in Annexure-F of the Passport Information Booklet prescribed as per Schedule III to Passport Rules, 1980 on the notary public attesting the affidavit is quashed. It is declared that notary public also is entitled to attest Annexure-F attached to the passport information booklet.
The Original Petition is allowed as above.