Not from the date of becoming member of particular Bar Association, the court said.
The Chhattisgarh High Court has observed that experience and seniority of an advocate will be counted from the date of enrollment with the State Bar Council and not from the date of becoming member of a particular Bar Association.
“An Advocate, after enrollment by the State Bar Council, is not debarred from practicing as an Advocate and the becoming member of particular Bar Association though necessary but it is not mandatory,” Justice Sanjay K Agrawal said, while allowing a plea challenging the rejection of application for appointment on the post of notary.
Advocate Suresh Kumar Sharma’s application for appointment of notary was rejected on the ground that he had not been practicing as an advocate for the past 10 years on the date of inviting application for the post of notary. He challenged the said order before the high court.
“Since the petitioner is practising as an Advocate since 7.9.1996, after his enrollment from the State Bar Council and admittedly on 21.04.2008 , i.e. on the date of making application for appointment of Notary, he had already completed 10 years of practice as an Advocate as on that date and, therefore, he is entitled to be considered for appointment on the post of Notary as per Rule 3(a) of the Notaries Act, 1952, his candidature has illegally been rejected by the State Government,” the court said while allowing the plea.