ABDUL LATIF BARBNIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition has been filed by the petitioners challenging the recommendation made by the Permanent Committee for appointing the Respondent No. 4 as Muslim Marriage Registrar.

(2.) The fact in brief is that an advertisement in local daily "Sonar Cachar" was issued on 4.5.2002 inviting applications for the post of Muslim Marriage Registrar and Kazi at Barkhola in the district of Cachar, in pursuant to which both the petitioners and the private respondent No. 5 along with other candidates applied for the said post. According to the petitioners, interview was conducted by the Interview Board consisting of District Registrar, Cachar, Deputy District Registrar and the Sub-Divisional Officer (Sadar) Civil on 23.9.2002 and the select list was prepared wherein the names of the petitioner Nos. 1 and 2 appeared at SI. No. 1 and 2 respectively. The name of private respondent No. 5, according to the petitioners, appeared in the bottom of the list. The said list was forwarded by the District Registrar, Cachar to the Permanent Committee constituted under the provision of Assam Moslem Marriage and Divorces Registration Act, 1935 and the rules framed thereunder, and the Permanent Committee in total disregard to the merit list prepared and sent by the District Registrar recommended the name of respondent No. 5 for appointment as Muslim Marriage Registrar and Kazi by the resolution adopted in its meeting dated 6.12.2003. The writ petitioners have filed the present application challenging the said recommendation of the Permanent Committee.

(3.) I have heard Mr. H.R.A. Choudhury, learned counsel for the writ petitioners, Mr. R.K. Bora, learned Govt. counsel for the respondent Nos. 1 to 4 and also Mr. M.U. Mahmud, learned counsel for the private respondent No. 5.