2025:JHHC:10338 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No.1412 of 2025 ----- Rakesh Kumar, son of Gopal Prasad Verma, R/o Tenughat No. 3, Gram Sarhachiya, PO-Tenughat Dam, PS Gomia, District Bokaro, Jharkhand … Petitioner(s). Versus 1.The State of Jharkhand through the Chief Secretary, Project Building, PO Dhurwa, PS Jagarnnathpur, District Ranchi 2.The Principal Secretary, Personnel, Administrative Reforms and Raj Bhasha Department, Government of Jharkhand, Project Building, PO Dhurwa, PS Jagarnnathpur, District Ranchi 3.The Principal Secretary cum Law Advisor, Department of Law, Government of Jharkhand, Project Building, PO Dhurwa, PS Jagarnnathpur, District Ranchi … Respondents. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Dr. (Mrs.) Vandana Singh, Advocate For the Respondent(s) : Mr. Ashutosh Anand, AAG-III …...... 02 /24.03.2025: The petitioner in this writ application has prayed to reserve posts for the person with benchmark disability, for appointment as Notaries. 2. The learned counsel appearing on behalf of the petitioner submits that as per the qualification clause in Notaries Rules, 1956 i.e. Rule-3, a person with benchmark disability must get reservation. As the advertisement which has been published by the State of Jharkhand and annexed as Annexure-2 does not provide for any reservation for the persons with disabilities, thus this advertisement needs to be scrapped. She prays that the Rule-5 of the said advertisement be set-aside and direction be given to the respondents to give reservation to the person with benchmark disability in appointment of Notaries. 3. The State of Jharkhand has issued a Notification being Advertisement No. 01/2024 for appointing Notaries in several districts of the State. The petitioner claims that he should get the benefit of reservation in terms of Rule-3 of the Notaries Rules, 1956. 4. As per the petitioner Rule 3(ac) provides for granting benefit of reservation to the disabled candidates thus there should be reservation of post for the disabled candidates. The Court is not in 2025:JHHC:10338 2 agreement with the argument advanced by the learned counsel for the petitioner. Rule-3 of the Notaries Rules, 1956 reads as under: 3. Qualifications for appointment as a notary – no person shall be eligible for appointment as a notary unless on the date of the application for such appointment – (a) a person had been practicing at least for ten years, or (aa) a person belonging to Scheduled Castes/Scheduled Tribes and other backward classes had been practicing at least for seven years, or (ab) a woman who had been practicing at least for seven years, as a legal practitioner, or (ac) a person with benchmark disability as defined in clause (r) of section 2 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), who has been practicing for at least seven years, as a legal practitioner. (b) he had been a member of the Indian Legal Service under the Central Government, or (c) he had been at least for ten years- (i) a member of Judicial Service, or (ii) held an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate, or (iii) held an office in the department of Judge Advocate General or in the legal department of the armed forces. 5. As per Rule 3(ac) some benefits are given to categories of persons including person with benchmark disabilities. This qualification clause is not a clause to grant reservation, but to grant relaxation. There is a difference in granting reservation and granting relaxation. As per the said clause the minimum qualification for a person to be appointed as a Notary is practice of ten years. This benchmark of ten years is reduced in respect of several categories which includes Scheduled Castes, Scheduled Tribes, other backward classes, women and persons with benchmark disabilities. This is a relaxation given to the them and not a reservation. For a person belonging to the Scheduled Castes, Scheduled Tribes and backward classes the year of practice which is ten years in normal course is reduced to seven years. Similar is the case for women. So far as the person with benchmark disability, this ten years eligibility clause has been reduced to seven years. Thus as per the Rules under Rule 3(ac) this benefit can be granted to a person with benchmark disability who is seeking selection. The year of practice can only be reduced by relaxation. There is no provision for reserving post. 2025:JHHC:10338 3 6. Further appointment of Notary is not an appointment to any post in government. It is not a government post which can attract reservation as per the government policy. The State is clearly subscribing to the qualification clause, as learned counsel for the State submits that they have already given relaxation in qualification i.e. so far as the person with disability is concerned, their practice period is taken to be seven years and not as ten years. 7. Thus, I find no merit in this writ petition. There is no occasion to provide any reservation to the disabled person. 8. This writ application is accordingly dismissed. (ANANDA SEN, J.) Tanuj/