SAFIQUL ISLAM CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The legitimacy of the selection made by the Permanent Committee in selecting the respondent No. 5 Mr. Hafiz Rasheed Ahmed, to the post of Muslim Marriage Registrar and Kazi at South Karimganj Development Block in the district of Karimganj vide its resolution No.2 dated 18.8.97, is the subject matter of this Civil Rule.

(2.) He District Registrar, Karimganj, by an advertisement invited applications for the post of Muslim Marriage Registrar and Kazi at South Karimganj Development Block in the district of Karimganj from the local Muslim candidates in prescribed form by its Notification dated 6.3.97. As per the advertisement, for the aforesaid post those candidates will be given preference who have passed the Assam Senior Madrassa Final Examination. The candidates were advised to submit testimonies of good moral character and their acquaintance with Arabic language and Muslim law of Marriage and Divorce. The District Registrar, Karimganj, by a notice dated 8.4.97, directed the candidates to appear before the Selection Committee on 28.4.97 in the office chamber of the Addl. Deputy Commissioner and the District Registrar, Karimganj. Accordingly, interview was held by the Selection Committee constituted with the Sub-Registrar (Sadar) and the District Employment Officer of Karimganj under the Chairmanship of the District Registrar. From the communication dated 25th April, 1997, issued by the District Registrar to the Inspector General of Registration, Assam, annexed to the petition by the petitioner and marked as Annexure-10, it is revealed that out of six Applicants, five candidates appeared before the Interview Board. The Selection Committee prepared a panel of four candidates on the basis of the marks obtained by them in the Interview and forwarded the same to the Inspector General of Registration, Assam, for favour of necessary action. The petitioner has enclosed a typed copy of the statement of marks obtained by the candidates, which is annexed as Annexure-10( A) to the petition and sought to rely on the same as a result sheet, the full text of which is extracted below : <FRM>JUDGEMENT_255_GAULT2_1998Html1.htm</FRM> The implication of the list is not easy to fathom. However, relying on the last column showing "Actual marks obtained", for the purpose of determination of the case, I will assume the statement of the petitioner that he obtained 25 marks in total and the respondent No. 5 obtained 24 marks in total, as per the list. The recommendation of the Selection Committee which was forwarded to the Inspector General of Registration, Assam, was placed before the Permanent Committee on 18.8.97. The Permanent Committee consisting of Mr. M.Y. Tamizi, Sr. Professor of Arabic, Cotton College, Guwahati, Md. Abdul Mazid, Advocate, Ex-Principal, Mangaldoi College, Md. Salehuddin Ahmed, Lecturer and Head of the Department of Arabic, B.N. College, Dhubri, Prof. Matiur Rahman, Head of the Deptt. of Arabic, Karimganj College and Md. Abdul Mannan Choudhury, Principal, Law College, Barpeta, under the chairmanship of Shri K.N. Sarma Baruah, ACS, Inspector General of Registration, Assam, deliberated on the matter and passed the following resolution : "RESOLUTION NO. 2 : Selection of MMR & Kazi at South Karimganj A panel of 5 (five) candidates was received from the District Registrar, Karimganj vide letter No.M-6/REGN./95/514. dt. 28.4.97. Out of 5 candidates Md. Hafiz Rasheed Ahmed, S/O Samsul Hoque of P.O. & Vill. Kanishail, Dist. Karimganj was found more suitable by the Permanent Committee in all respects and selected him as MMR & Kazi at Sought Karimganj block. Md. Hafiz Rasheed Ahmed was selected because he possess requisite qualification of Sr. Madrassa passed and he also possess B.A. degree having Honours in "Arabics" moreover he is a local candidate. The Permanent Committee requested Inspector General of Registration to move Govt. accordingly. Hence this writ petition.

(3.) Mr. A.S. Choudhury, learned counsel on behalf of the petitioner, assailed the impugned resolution as being arbitrary and discriminatory. Mr. Choudhury submitted that the petitioner, who was adjudged at No.1 by the Selection Committee at the District level, was eliminated by the Permanent Committee on extraneous considerations. The learned counsel for the petitioner pointed out that the District level Committee on assessment of the respective merits of the candidates, adjudged the petitioner at No. 1 and found him to be more meritorious than respondent No. 5. The Permanent Committee in the instant case fell into a serious error and excluded the petitioner without assigning any reason. Mr. Choudhury, accordingly, submitted that failure to give reasons amounts to failure of principles of natural justice and on that count alone, the impugned order is liable to be set aside.