Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, March 24, 2017 06:05:21 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Gradation of panel candidates of Marriage Register not supported by the law

By
15th-Oct-2016       Readers ( 300 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

High Court Division :
(Special Original Jurisdiction)
Md Imman Ali J
Sheikh Hasan Arif J
Judgment
January 20th, 2011
Murseduzzaman (Md)…….Petitioner
vs
Senior Assistant Secretary (Additional Charge), Ministry of Law, Justice and Parliamentary Affairs Dhaka and others……Respondents
Muslim Marriage & Divorce (Registration) Rules, 1975
Rules 5(3A) and 41(2)
Saving clause does not protect the interest of the petitioner, inasmuch as his application, although it was prior to the coming into force of the present Rules, will be treated as if it was made within the present Rules, and the present Rules do not give him the benefit of the previous Rule 5(3A). Moreover, until and unless the present Rules are set aside and the previous Rule 5(3A) is reinstated, the petitioner cannot claim to get benefit from the provisions of the earlier Rules…….. (11)
ZH Bhuiyan, Advocate -For the Petitioner.
Md Nuruzzaman Khan, Advocate -For the Respondent No. 9
Judgment
Md Imman Ali J : The petitioner Md. Murseduzzaman applied for the post of Nikah Registar for No. 2, Pattashi Union Parishad under Police Station-Zianagar, District-Pirojpur by an application dated 1-5-2009,  which, was recommended by the local Member of Parliament (MP) on 3-5-2009. The post become vacant upon the death of the petitioner's father Md Abdul Kader. His application  having been unsuccessful, the petitioner filed the instant writ petition whereupon Rule was issued calling upon the respondents to show cause as to why the letter dated 18-2-2010 issued by the respondent No. 1 under memo No. Bichar-7/2N.7/99-103 (Annexure-A) appointing the respondent No. 9 by-passing the petitioner as the Nikah Registrar for No. 2 Pattashi Union Parishad under Police Station Zianagar, District-Pirojpur shall not be declared to have been done without lawful authority and is of no legal effect and as to why respondent shall not be directed to appoint the petitioner as the Nikah Registrar for the said Union Parishad.
2. Pending hearing of the Rule, the operation of the impugned letter dated 18-2-2010, by which :another candidate namely, Md Moniruz-Zamanr respondent No.9 was appointed, was stayed for a period of six months, which was subsequently extended till disposal of Rule.
3. The claim of the petitioner is that as his father was as the incumbent Nikah Registrar up to the time of his death on 12-4-2009, he himself assisted his father as apprentice and gained experience in  the functioning of a Nikah Registrar. He further states that when the office of the Nikah Registar fell vacant upon the death of his father, the neighbouring Nikah Registrar was given the current· charge to work as the Nikah Registrar of No. 2 Pattashi Union Parishad under Police Station Zianagar, District-Pirojpur, who engaged the petitioner to work as his assistant for carrying out the work of the Nikah Registrar for the said union. In addition he has all the requisite academic qualification to be appointed as a Nikilh Registrar.
4. Mr ZH  Bhuiyan, the learned advocate appearing on behalf of the petitioner submits that the petitioner has all the requisite qualifications and is in fact more qualified than respondent No. 9 who has been appointed in the vacant post. The learned advocate submits that he has more than the requisite academic qualification and in addition has practical experience, having worked as an apprentice when his father was holding the office and as the assistant of the Nikah Registrar-in-Charge when the office became vacant.  The learned advocate further submits that the requirement of the gymwjg weevn I ZvjvK (wbeÜb) wewagvjv, 2009  requires that the local MP is by law required to be an Advisor to the Advisory Committee, whereas the record will show that in the instant case the local MP acted as the Chairman of the Advisory, which is not within the purview of the law. He further submits that there is no requirement in the Rules that the Advisory Committee, who are bound to put forward a panel of candidates should mention the grade of the candidates as they have done in the instant case. He submits that by mentioning in the remake column that the respondent No.9 was first in the merit list and the petitioner was second in the merit list, the Advisory Committee has acted in violation of the Rules and also prejudiced me petitioner's application. He submits that there is no provision for grading any of the candidates before a panel is put forward to the Government for selection. The learned advocate submits that panel having been,' prepared illegally giving undue advantage to respondent No, 9, the appointment of respondent No.9 is illegal and void abinitio and liable to be set aside.
5. Mr Md Nuruzzaman Khan, the learned advocate appearing on behalf of the respondent No. 9 submits that the petitioner and the respondent No.9 as well as another were select~ ed by the Advisory Committee out of six candidates after holding viva voce examination. He submits that it is necessary to hold the examination in order to scrutinise the abilities of all the candidates in order to form a panel of three which would then be put forward to the Government, from whom one would be selected for the post. The learned advocate submits that the petitioner has no added qualification  inasmuch as he could never have acted as the  Nikah Registrar since his father was holding the post and subsequently, when the post became vacant the neighbouring Nikah Registrar held the post as Nikah Registrar in charge as additional duty and, thereof, it cannot be said that the petitioner has any added m qualification.
6. We have considered the submissions of  the learned advocates, perused the petition and the annexures thereto as well as the affidavit in opposition filed by the respondent No.9 and the affidavit in reply filed by the petitioner. We have also perused the relevant laws.
7. The requirement of the Rules namely, gymwjg weevn I ZvjvK (wbeÜb) wewagvjv, 2009 is that when any post of Nikah Registrar becomes vacant the Advisory Committee will select a panel of three persons and forward the same to the Government of whom one will be appointed for the post of Nikah Registrar. The Government is then empowered under Rule 6(6) to appoint anyone of the three candidates named in  the panel forwarded by the Advisory Committee. We do not find any real substance in the submissions of the learned advocate for the petitioner that the sitting MP was the Advisor to the Committee, but acted as the Chairman of the Advisory Committee. As Advisor of the Committee the MP is liable to be a member of the Committee. Whether he is a  Chairman or not makes little difference. There  does not appear to be any difference in the views of the other members of the Advisory  Committee in choosing the panel of candidates.
8. With regard to the holding of examination for the purpose of selecting the panel of candidates, we also do no find any illegality, inasmuch as it is always necessary, when there are more than the requisite numbers of candidates applying for a post, to ascertain which of the numbers of applicants are qualified to be put forward in the panel.  To that extent holding the viva-voce examination in order to select the panel cannot be said to be illegal. However, the requirement of law is that the Advisory Committee shall select a panel of three candidates of whom any one could be appointed by the Government. In the instant case, we find that the Advisory Committee has prepared a list of candidates in a panel of three giving their grades by merit, signifying that the respondent No.9 came first in the merit list and that the petitioner became second and there was a third member in the panel. It is our view that this gradation of the panel of candidates is not in accordance with the law. There is no such requirement in the Rules that the members of the panel must be given a grade. On the contrary,  it is our view that grading the members of the panel prejudices the Government's ability to decide independently as to which of the panel members they would appoint as the Nikah Registrar.
9. The learned advocate for the petitioner further submits that there was previously Rule 5(3A) of the Muslim Marriages and Divorces (Registration) Rules, 1975 which provided that the son of a sitting Nikah Registrar would get preference in appointment upon the post becoming vacant on the death or retirement of the Nikah Registrar. He submits that although those Rules have been amended by the present Rules of 2009, the new Rules are under challenge in Writ Petition No, 7161 of 2009. He submits that, therefore, the petitioner should get the benefit of the previous Rules, since he is the son of the previous Nikah Registrar, who died and the present Rules are under challenge in that Writ petition.
10. On the other hand, we note that the saving clause in the present Rules namely Rule 41(2) states as follows :
“উক্তরূপ রহিতকরণ সত্ত্বেও, উক্ত জঁষবং এর অধীন গ"হীত যে কোন কার্যক্রম এমনভাবে অব্যাহত থাকিবে যেন উক্ত কার্যক্রম এই বিধিমালার অধীন সুচিত হইয়াছে।”
11. Therefore, it is clear that even the saving clause does not protect the interest of the petitioner, inasmuch as his application, although it was prior to the coming into force of the present Rules, will be treated as if it was made within the present Rules, and the present Rules do not give him the benefit of the previous Rule 5(3A). Moreover, until and unless the present Rules are set aside and the previous Rule 5(3A) is reinstated, the petitioner cannot claim to get benefit from the provisions of the earlier Rules.
12. It goes without saying that the Government is to choose one candidate out of a panel of three forwarded to it by the Advisory Committee. There is no question of any gradation within those three panel members and the Government should keep its mind open to decide which of the three has the requisite qualifications and which of the three is most suitable.
13. In view of the fact that we have found the panel to have been illegally made giving grade of the three candidates; we hereby hold that the appointment of respondent No. 9 was also not in accordance with law and accordingly, the impugned memo (Annexure-A) dated 18-2-2010 is hereby set aside. The respondents are hereby directed to reconsider the applications and put forward a fresh panel of candidates without any gradation, from which the government, upon exercising its independent mind, will choose one for the post of Nikah Registrar.
14. In the result, the Rule is made absolute without any order as to costs.
Let a copy of this judgment be communicated at once.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

We mourn with brave British people who will not waver


THE very fact that Western cities are yet extremely vulnerable to extremists "Lone-wolf" attacks was once again proved on Wednesday when such an attacker drove a vehicle randomly along London's Westminster Bridge towards the Houses of Parliament - killing five including a police officer and maiming innocent bystanders as the ...

Cricket »

Miraz drafted in Tigers' ODI squad


Off-spinner Mehidy Hasan Miraz has been included in the Bangladesh ODI squad for the three-match ODI series against Sri Lanka. Miraz is scheduled to reach Colombo later today, said a BCB press release on Thursday.Meanwhile, off break bowler Naeem Hasan, who made his first class debut for Chittagong Division in ...

City »

Former President of Chhatra League Noor-e-Alam Siddiqui speaking at a discussion organised by 'Prakton Chhatra League Foundation' at the Jatiya Press Club on Thursday marking Flag Day.


Entertainment »

Why is Varun Dhawan not taking up any TV offers?


Arjun Kapoor, Sonakshi Sinha, Shahid Kapoor are among the young crop of stars who have worked on the small screen. Ask Varun Dhawan if he too is keen to get on the bandwagon and he says, "I have been offered a couple of game and dance shows. I had been ...

International »

Despite Trump push, healthcare vote going to the wire


AFP, Washington :President Donald Trump faces a reckoning Thursday as US lawmakers vote on his presidency's biggest legislative test, the Republican plan to repeal and replace Obamacare, as conservatives vowed to kill it unless important last-minute changes are made.The Republican-controlled House of Representatives votes on the controversial measure despite challenges ...

Editorial »

Digging city roads facing monsoon is intriguing


FACING the arrival of monsoon two Dhaka City Corporation (DCC) authorities have permitted different utility service providers to dig up road surface without taking into account that it will cause heavy traffic congestion and immense suffering to city dwellers. Utility providers like Dhaka Water Supply & Sewerage Authority (DWASA), have ...

City »

Bangladesh Federal Union of Journalists (BFUJ) and Dhaka Union of Journalists (DUJ) jointly brought out a rally yesterday towards the Office of the Prime Minister demanding immediate declaration of 9th Wage Board and later submitted memorandum to the Prime Minister.


.

Football »

Mexico`s Nestor Araujo (left) and Javier Hernandez practice during a training session in Cuernavaca, Mexico on Tuesday. Mexico will face Costa Rica in a 2018 World Cup qualifying soccer match on March 24.


.

Entertainment »

When people deter me, it only makes me stronger: Anushka Sharma


Hate begets hate. Positivity spawns positivity and failure is just one more step in our march to success - this is the mantra that Anushka Sharma lives by. She shrugs off slander, laughs away at the evils of social media and confesses that she didn’t have a clear vision from ...

International »

Afghanistan wants more US help in fight against Taliban, IS


AP, Washington :Afghanistan wants the United States to send more forces to help meet shortfalls in the battle against the Taliban and the Islamic State group, the nation's top diplomat said Tuesday.Foreign Minister Salahuddin Rabbani welcomed a recent call by U.S. Gen. John Nicholson, the top American commander in Afghanistan, ...

Editorial »

End strike at BD Medical to end patients suffering


DOCTORS at Bangladesh Medical College Hospital (BMCH) are evidently causing havoc on patients as they continued strike for the past one-week on trivial issues. We must say there may be conflict in many issues between doctors and their parent body Bangladesh Medical Studies and Research Institute (BMSRI), but shutting the ...

Sports »

The Tamil Nadu players pose with the Vijay Hazare Trophy after their win against Bengal in final at Delhi on Monday.


.

International »

Trump admin weighing broad sanctions on North Korea


Reuters, Washington :The Trump administration is considering sweeping sanctions aimed at cutting North Korea off from the global financial system as part of a broad review of measures to counter Pyongyang's nuclear and missile threat, a senior U.S. official said on Monday.The sanctions would be part of a multi-pronged approach ...

City »

Visitors at a photo exhibition organised on the occasion of 98th birthday of Bangabandhu Sheikh Mujibur Rahman at Azimpur School playground in the city on Tuesday.


.

Entertainment »

Rani Mukerji`s first interview post- motherhood, she talks about everything


Rani Mukerji took a break from the life she knew to concentrate on the life she made - Adira. She was immersed in motherhood, and movies were nowhere in the picture. Now that the queen has committed to a film, she is coming out of her self-imposed exile. As she ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news