R.K.MERATHIA, J. - (1.) HEARD the parties.
(2.) THE contention of petitioner 'sassociation is that its members, who have been working as deed writers for more than ten years, should be granted license without appearing in the examination, in terms of Sec. 68B(2) of the Registration (Bihar Amendment) Act, 1991 (the Act for short) and Rule 7 of Bihar Deed Writers Licensing Rules, 1996 (the Rule for short). To examine such contention, it is necessary to look into the relevant provisions as under: 68 -A Prohibition of unlicensed person. (1) No parson who is not licensed us provided under Sec. 68 -B, shall engage himself in the profession of document -writer and document drawn up and signed by a person who does not hold a license shall not be accepted for registration by the Registration Officers; 68.B Grant of license to document - writers. - (1) The Registrar of District or any other officer authorized by him in this behalf may grant a license, to be valid in one sub -district or one district in the prescribed form to document - writer or apprentice to document writer on an application made in this behalf on such term and conditions as man be prescribed by the Inspector General of Registration in this behalf after conducting a written test as may be prescribed. (2). A license may be granted to any person who has been in the profession of the document -writer for at least ten years prior to the date of the registration (Bihar Amendment) Ordinance, 1991 came into force, without requiring him to appear in the written test referred to in Sub -section (i), if the Registrar of a District or any other officer authorized by him in this behalf is satisfied that he is otherwise fit to take the profession of a document -writer.
(3.) RULE 3(a) of the rules reads as follows: 3.(a)Qualifications. -The following shall be qualifications for a deed writer. - a. he is a citizen of India and has attained at least the age of 18 years. b. he has passed the matriculation examination or any other equivalent recognized examination. c. he has passed Deed writers licensing examination conducted under Rule : Provided that a license may be granted to any person who has been in the profession of the documents writer for at least ten years prior to the date of the Registration (Bihar Amendment) Act, 1991 came into force, without requiring him to appear in the written test refereed to in Sub -section (1) if the Registrar of a District or any other officer authorized by him in this behalf is satisfied that he is otherwise fit to take the profession of a document writer. d. he should be of good moral character. e. he has the knowledge of regional language of the locality in addition to the knowledge of Hindi or English. (emphasis supplied) ;