MATIUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This case has a chequered history. The dispute involved in this petition pertains to selection of Moslem Marriage Registrar and Kazi (in short the MMR & Kazi) at Islampur under the Bihpuria Police Station in the district of Lakhimpur, Assam.

(2.) Basic facts stated briefly may be noted. On 9.6.95 the post of MMR& Kazi was advertised notifying the last date of application as on 1 Oth July '95 in the office of the District Registrar, Lakhimpur. The requisite qualification as well as the age of the applicant was also prescribed in the advertisement. The requisite qualifications were prescribed as under:-

(3.) Certificate of good moral character. Permanent residential certificate. Applicant should be a citizen of India." 3.5 (five) applications were received by the District Registrar, Lakhimpur and forwarded to Inspector General of Registration (IGR), Assam to be placed the same before the Permanent Committee for selection of candidate. Thereafter, on 22.12.95 the Permanent Committee vide resolution No. 2 selected the writ petitioner Md. Matiur Rahman as a suitable candidate among the 5 applicants for being MMR & Kazi and requested the State Government for according the approval. This selection was challenged by the respondent No. 4 Md. Abdul Quasim Khan by filing a Civil Rule No. 236/96 which was dismissed by the learned Single Judge by judgment and order dated 12:9.96, on the ground that the Court does not possess the expertise to correct the decision of the Permanent Committee arrived at after examining the inter-se merit of the candidate by expert committee, by exercising its judicial review. The learned Single Judge was further of the view that the judicial review is not an appeal and Court cannot usurp the discretional power of the administrative authority in the absence of any impropriety or illegality. Being aggrieved, preferred an appeal registered as Writ Appeal No. 1242/96 which was disposed of by the Division Bench on 9th Dec. '96 modifying the order passed by the learned Single Judge with a direction to the appellant to file an appeal/representation before the competent authority and the competent authority was directed to dispose of the representation within one month from the date of receipt of the representation. The representation was heard by the Secretary to the Govt. of Assam, Revenue (Registration) Department and by its order dated 5th June '97 remanded to the Inspector General of Registration to re-examine the matter as according to the competent authority, the appellant Md. Abdul Quasim Khan has passed the Assam Senior Madrassa Final Examination which is a preferential qualification recognised under Rule 4 of the Rules whereas Md. Matiur Rahman (present writ petitioner) did not pass the Assam Senior Madrassa Final Examination.