- (1.) The petitioner, which is an Association representing the persons who had licences to scribe documents under the U. P. Document Writers' Licence Rules, 1977 (for short, the 'Rules') challenged the vires of Rule 6(2) of the Rules which reads thus : "Nothing in sub-rule (1) shall apply where the writer of such document is one of the parties thereto or is a pleader engaged by the parties for drawing up the documents".
(2.) The contention of the learned counsel for the petitioner is that Rule 5 prescribes qualification for granting licence. Rule 4 prescribes the number of document writers. Rule 10 prescribes the charging of the fee and the period of licence prescribed under Rule 8. A conjoint reading of these rules envisages that the document writers are treated as a class. The exclusion of the advocates from the purview of the provisions of the Registration Act is ultra vires the power of Inspector General of Registrations under Section 69 (hhh) of the Registration Act, 1908 as amended by the State Legislature (for short, the 'Act'). We find no force in the contention. Section 69 (hhh) provides thus : "Providing for the grant of licences to document writers, the suspension or revocation of such licences, the terms and conditions, subject to which and the authority by whom such licences shall be granted, suspended or revoked, and generally for all purposes connected with the drafting or writing by such document writers of documents to be presented for registration".
(3.) A conjoint reading of Section 32 of the Act read with Section 69(hhh) of the Act, would indicate that person who executes the document either himself or through an agent is the proper person to present the document before the registering authority. The persons eligible to write the documents are regulated under the rule making power under Section 69 of the Act. The U. P. State Legislature had amended the section by incorporating sub-section (hhh) introducing the classification of the persons eligible to draft the documents and for presentation thereof for registration. The Rules have been made in that behalf classifying the persons to be the document writers. The period of licence, the power to suspend the licence or revocation thereof, has been regulated thereunder. The members of the petitioner-Association, having become the licensees under the Rules, are bound thereby. Firstly, the petitioner - Association being consisting of the members who obtained licence under the Rules, cannot challenge the Rules under which they came to operate. The very source under which they came to operate either survives or perishes under the Rules. They cannot challenge that part of the Rules which is unfavorable to them while at the same time respecting the favourable part thereof since they have no independent rightdehorsthe Rules. They cannot challenge the power of the Inspector General of Registration in making the Rules, regulating conditions of the document writers and the conditions under which they become eligible to be document writers.;