The court emphasized the importance of following the prescribed procedures for appointments, the need for special reasons for relaxation of age limits, and the invalidity of appointments made in contravention of court orders.

JUDGMENT

Sabyasachi Bhattacharyya, J. - IA No: CAN 1 of 2020 in WPA No. 7467 of 2020 is disposed of in view of the urgency involved and both the writ petitions are taken up for hearing.

2. The petitioner applied on October 7, 2017 before the Inspector General of Registration and the District Registrar for appointment as a Muhammadan Marriage Registrar (M.M.R.) in the Panrui Police Station area.

3. The Joint Commissioner of Stamp Revenue issued a letter to the District Registrar on January 4, 2018, requesting the latter to take necessary action for temporary appointment of MMR. The Assistant Secretary, Government of West Bengal, also issued a letter on July 5, 2018 to the Joint Commissioner of Stamp Revenue to take necessary steps on the basis of the petitioner's application for appointment to the post of M.M.R. (Temporary). Subsequently, the District Registrar published an advertisement inviting applications for appointment of MMR in respect of the Panrui Police Station, on which the petitioner again applied for the same post. On September 25, 2018, the District Registrar issued a letter to the Inspector General of Registration and Stamp Revenue, enclosing a copy of the advertisement and the petitioner's application, recommending his name for appointment in the said post. The Joint Commissioner issued a letter on November 16, 2018 to the District Registrar requesting him to issue a fresh advertisement, since one Abdul Aziz Chowdhury (respondent no.4) had also applied for appointment to the same post. Accordingly, another advertisement was published by the District Registrar on July 2, 2019, on which the petitioner reapplied.

4. The District Registrar issued on July 2, 2019 a letter in terms of the advertisement, enclosing a list of all recommended candidates, where the petitioner's name appeared at Serial No.1. The said list has been annexed at page 39 of the writ petition. In the remarks column against the petitioner's name, the Voter ID, AADHAAR and Ration Card were mentioned.

5. However, the name of respondent no.4 appeared at Serial No.6. In the remarks column, respondent no.4 was mentioned as "Overage".

6. Under the said list, a remark was recorded by the District Registrar, recommending the petitioner for the post of Temporary M.M.R. of Panrui P.S., based on residence, educational qualification, experience and other particulars, among all the candidates.

7. Learned counsel for the petitioner submits that on March 13, 2020 an interim order was passed in WPA No.4897 of 2020, restraining the respondent nos.2 and 3 from giving appointment in the post of M.M.R. within Panrui Police Station till March 31, 2020, which order was subsequently extended from time to time, by dint of the general extension order passed by a Special Bench of this court in view of the pandemic situation on March 24, 2020 and subsequently on June 23, 2020, lastly till September 30, 2020.

8. However, vide order dated June 25, 2020, the District Registrar, Birbhum, directed the erstwhile M.M.R. of the Sainthia P.S., who was acting as M.M.R. of the Panrui P.S., to hand over records of the Office of the M.M.R., Panrui P.S. area to respondent no.4, who was appointed as temporary M.M.R. of the latter P.S. Such order was passed in patent contravention of the interim order initially granted by this court and subsequently extended from time to time till September 30, 2020 by the general orders of extension passed by the Special Bench of this court.

9. Learned counsel for the petitioner argues that, as per Clause 3(b) of the Notification dated August 14, 1929 issued by the Law (Judicial) Department (Registration) of the Government of West Bengal, a threetier procedure has been provided for making temporary appointment of M.M.R.s. The first step is nomination by the District Registrar. At the second stage, the District Registrar's nomination is to be submitted to the Government by the Inspector General of Registration who, if he disapproves of the District Registra