Government discretion is paramount in licensing public servants, reflecting the principle that public service obligations can supersede personal claims to appointments.

PER DIXIT KRISHNA SHRIPAD,J

All these petitions, by the teachers of Government/Aided Schools, are presented to the Writ Court essentially grieving against the decision of answering OPs in revoking/rescinding licenses granted to them for registering Muslim marriage/divorce and for maintaining certain official records in that connection, as provided under the provisions of Orissa Muhammedan Marriage and Divorce Registration Act, 1949 and Orissa Muhammedan Marriage and Divorce Registration Rules, 1976 .

2. Learned advocates appearing for the petitioners vehemently argue that the impugned action is unsustainable, inasmuch as their clients have been discharging the statutory duties, as licensees under the 1949 Act read with 1976 Rules, since years without compromising their duties as teachers; there is absolutely no complaint from any quarters in general and from the community of taught in particular; all of a sudden the impugned decision has been taken on an erroneous assumption to the contrary; there is absolutely no prohibition either in the 1949 Act or in any other statute, including the Conduct Rules, and therefore, the impugned decision in cutting short their rights needs to be voided, coupled with a direction to continue/renew their licenses. Learned advocates took the Court through the provisions of 1949 Act, 1976 Rules & also the Conduct Rules applicable to Government servants.

3. Learned AGA appearing for the OPs vehemently resists the petitions making submission in justification of the impugned decision and also the rationale, on which it has been taken. He contends that the impugned decision is not punitive; petitioners being the public servants and more particularly civil servants of the State holding public office of teacher, and they are drawing salary in the prescribed pay scales; the registration of Muslim marriages & divorces and maintaining the official records in that connection would certainly affect discharge of their duties as teachers and that, in turn, would make adverse impact on the interest of pupils. So contending he seeks dismissal of writ petitions.

4. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter for the following reasons:

4.1. A THUMB NAIL DESCRIPTION OF STATUTORY FRAME WORK:

(i) The 1949 Act was enacted by the State Legislature providing „for the voluntary registration of Muhammedan marriages & divorces‟. It is a short enactment comprising of 27 Sections and a schedule. Section 1(2) of the Act extends the same to the entire State and it came into force advance. Section 2 is the dictionary clause of the Act; it has only 4 items, which are not relevant to the case at hand. Section 3 provides for grant of license to any person, who is a Muslim, and thereby authorizes him to register Muslim marriage and divorce. For that, an application shall be made to him. Government has also power to revoke or suspend such license. Section 6 enjoins the duty to these licensees to keep up certain books and registers relating to marriage and divorce. This stationery is provided by the State Government under Section 5.

(ii) Sections 8 & 9 of the Act prescribe the modalities, powers and procedures for registration of marriage/divorce. Section 10 enables Muhammedan Registrar to receive gratuity, in excess of the fee, if voluntarily tendered. Section 11 specifies the persons, who have to sign in the forms prescribed in the Schedule to the Act. Section 12 states that copies of entries to be furnished to every applicant for registration, free of cost. Section 13 provides for indexing of registers and section 14 prescribes what these indices should contain. Section 15 provides for inspection of registers and taking up copies of ent