The Permanent Committee has the power to disapprove the nominations of the District Registrar and select another candidate with necessary qualifications for the post of Muslim Marriage Registrar and Kazi, and its decision in this regard will not be arbitrary or discriminatory if it is based on relevant factors.

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. The District Registrar, Karimganj, by an advertisement invited applications for the post of Muslim Marriage Registrar and Kazi at South Karimganj Develop­ment 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 Registar, 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 10A to the petition and sought to rely on the same as a result sheet, the full text of which is extracted below :

List of candidates for the post of MMR & Kazi appeared before the Selection Committee on 28.4.97 Total Marks -SO

Interview - 40

Smartness - 10

Total - 50

(As per advertisement Vide No.M-5/Regn/95/dated 6.3.97)

Name & Address Chairman Sub- Emplt. Total Actual

of the candidates Asstt. Re- Regis- Officer marks

gistrar trar obtained

1. Hafiz Rasheed Ahmed 32 20 20 72 24 2nd S/o Md Sharnsul Hoque Vill & PO

Kanishail Dist Karimganj

2. Md Abdul Quayyam, 25 25 17 67 22.3 4th S/o Abdul Bazor, Vill & PO Kanishail

3. Md Abdul Quayyam, Absent Absent Absent Absent -S/o Abdul Rezaque, Vill & PO Kanishail

4. Md Asadur Rahman, 30 21 15 66 22 S/o Abdus Subhan, Vill & PO

Kanishail Dist Karimganj

5. Md Safiqul Islam Chou- 32 20 23 75 25 1st dhury, S/O Mastufa Hussain Choudhury

Vill & PO Mahakal. Dist Karimganj

6. Md Mastuf Ahmed 28 22 18 68 22.5 3rd S/o Late Tabarak Ali, Vill West Kanishail,

PO Kanishail Dist Karimganj

Signed by three members"

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 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, Senior Professor of Arabic, Cotton College, Guwahati, Md Abdu

Click Here to Read the rest of this document