Appointment Of Physically Challenged Lawyers As Notaries : Supreme Court To Hear Centre's Appeal Next Month

Appearing for the Government of India, Additional Solicitor General RS Suri had sought for 4 weeks time to file the rejoinder affidavit to which the bench of Justices UU Lalit, SR Bhat and Bela M Trivedi agreed.

The case is now listed for hearing on October 22.

The Top Court had issued notice in the SLP on July 1, 2021.

Letter Patent Appeal Before Division Bench Of Madras High Court

The Government of India had filed a Letter Patent Appeal against the Single Judge's order directing the Centre to provide 4% reservation for people with benchmark disabilities while appointing notaries.

The Government of India had raised a legal issue with regards to the application of Section 34 of the Rights of Persons with Disabilities Act to a decision making a Lawyer as a Notary.

Appearing for the writ petitioners, the Counsel had submitted that factually there was no dispute with respect to the writ petitioner's disabilities and to this extent the Court would have to consider appointing them as Notaries which would help to sustain and improve their career.

Taking into consideration the Assistant Solicitor General's submissions and the fact that the writ petitioners were suffering from disabilities the division bench of Justice MM Sundresh (currently appointed as Supreme Court judge) and Justice S Ananthi had refused to interfere with ultimate findings of the Single Judge.

Allowing the appeal in part by setting aside the findings of Single Judge on the scope and applicability of Section 34 of Right of Persons with Disabilities Act, the High Court had directed the Government of India to give effect to the Single Judge's order within a period of eight weeks from date of receipt of judgment copy.

While recording their prima facie view, the High Court had also said that the question of law as to the applicability of the Act would be considered at the appropriate time.

Order Of Single Judge

The Single Judge Bench of Justice M Sundar on November 15, 2019 had directed the Central Government to provide 4% reservation for people with benchmark disabilities while appointing notaries as per the Rights of Persons with Disabilities Act, 2016.

The direction was passed in the batch of petitions which were filed before the Madras High Court, Madurai Bench seeking directions from the Department of Legal Affairs (Notary Cell) of the Union Ministry of Law and Justice to follow reservation for people with disabilities under section 34 of Right of People With Disabilities Act, 2016.

The Single Judge had also observed that the direction was a one time measure for the current appointment and for all future appointments.

"Respondents shall ensure that 4% reservation for persons with benchmark disabilities in accordance with section 34 of RPD Act is provided and for this purpose, the application itself as in Form-I (Rule 4(2) of Notaries Rules) which is known as 'MEMORIAL' shall be suitably amended," the Court had also said.

The matter will now be heard on October 22, 2021.

Case Title: Government of India v R Ravi Kumar

Click Here To Read/ Download Order