RUHUL AMIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is the second round of litigation that has arisen out of the recommendation made in favour of the respondent No. 6 for appointment as Muslim Marriage Registrar (MMR) and Kazi at Mankachar in the District of Dhubri. The challenge made in the writ petition is the Annexure-5 notification dated 20.09.2011 by which the Govt. of Assam in the Revenue (Registration) Department has issued license to the respondent No. 6 to act as MMR and Kazi. I have heard Mr. A.M. Buzarbaruah, learned counsel for the petitioner as well as Mr. M. Choudhury, learned counsel representing the respondent No. 4. I have also heard Ms. B. Dutta, learned State counsel as well as Mr. U.K. Nair, alongwith Mr. A.R. Bhuyan, learned counsel for the respondent No. 6.

(2.) In the first round of litigation noticing the allegation that the respondent No. 6 lacks basic qualification prescribed in Rule 3 of the Assam Moslem Marriages and Divorces Registration Rules, 1935, direction was issued to determine the same by the Permanent Committee envisaged under Rule 4 of the said Rules. It was contended that the respondent No. 6 having not passed the Assam Senior Madrassa Final Examination (FM), he was not qualified for assignment of the MMR and Kazi. It was further contended that even if the particular qualification possessed by the respondent No. 6 is held to be equivalent to FM, then also the preference given only to FM passed candidate under Rule 4, will hold the field.

(3.) The earlier round of litigation in the form of W.P. (C) No. 5437/2009 and W.P. (C) No. 9435/2009 came to an end with passing of the order dated 31.03.2011. The operative part of the order dated 31.03.2011 is reproduced below: