IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34529 of 2010(M)
1. RAVEENDRAN KALPATHODI, S/O.
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. INSPECTOR GENERAL OF REGISTRATIONS,
3. THE SUB REGISTRAR,
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/12/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 34529 of 2010 M
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Dated this the 7th day of December, 2010
J U D G M E N T
Petitioner is working as a Scribe in the office of a
document writer. Ext.P1 issued on 02-07-2002 is the licence
granted to him. The Kerala Document Writers’ Licence Rules,
1960 was amended with effect from 07-09-2000, providing
minimum qualification of SSLC for granting licence.
Subsequently, Ext.P2 notification was issued, enabling the
Scribes, who were licenced till 07-09-2000 to appear for the
examination, however, relaxing the qualification of SSLC. For
the reason that the petitioner’s Scribe licence was granted
only on 02-07-2002, he is ineligible for the benefit of Ext.P2.
2. It is in these circumstances, this writ petition has
been filed, seeking to quash Ext.P2 to the extent the cut off
date on 07-09-2000 has been prescribed. Petitioner also
seeks to quash Ext.P5, whereby his request for permitting him
to appear for the examination has been rejected.
W.P.(C) No.34529/10
: 2 :
Consequently, he also seeks a direction to the respondent to
admit him for the test scheduled in pursuance to Ext.P2.
3. The fate of this litigation will depend upon the
validity of the cut off date 07-09-2000 prescribed in Ext.P2
and if the said date is not an irrational one and is upheld,
petitioner cannot seek any relief in this writ petition.
Therefore, case was adjourned with a direction to the learned
Government Pleader to obtain instructions about the
relevance of the date 07-09-2000 prescribed in Ext.P2.
Accordingly, learned Government Pleader has obtained
instructions and submits that, with effect from 07-09-2000, the
aforesaid Rules were amended and the educational
qualifications were introduced to be licenced as a document
writer. It is stated that it was therefore that the Government
have decided to relax the qualifications for Scribes who were
licenced as on 07-09-2000.
4. In my view, having regard to the facts disclosed by
the learned Government Pleader, it cannot be said that the
W.P.(C) No.34529/10
: 3 :
date 07-09-2000 is an irrational one to be called arbitrary and
interfered with by this Court in this writ petition.
Writ petition fails and it is dismissed.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge