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Area limitation for salaried job of Nikah Registrar
Md. Ruhul Amin-J.
M.M. Ruhul Amin-J.
Md. Hassan Ameen-J.
CIVIL PETITION FOR LEAVE TO
APPEAL NO. 1182 OF 2004
(From the judgment and order dated 02.05.2004 passed by the High Court Division in Writ Petition No.1591 of 2001.)
Kazi Mohammad Amin ..............Petitioner.
Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka & others ......................Respondents.
For the Petitioner : Mr. Md. Aftab Hossain, Advocate-on-Record.
For the Respondents : Mr. Ferozur Rahman, Advocate-on-Record.
Judgment: July 2, 2007
Muslim Marriages & Divorces Rules, 1975- Rule 17- Holding of salaried appointment-
A Nikah Registrar shall not hold any salaried appointment other than an appointment in a mosque or in a non-Government school or madrasha situated within the area for which he has been licensed.
Rule 17 of the Muslim Marriages & Divorces Rules, 1975 puts a bar on any Nikah Registrar to hold any salaried appointment in a Madrasa situated beyond the area for which the Nikah Registrar has been licensed .............(Para 4)
M. M. RUHUL AMIN-J: This petition for leave to appeal is directed against the judgment and order dated 02.05.2004 passed by a Division, Bench of the High Court Division in Writ Petition No.1591 of 2001 discharging the Rule.
2. Short facts are that the petitioner was appointed as temporary Nikah Registrar for No.1 Charati Union under Police Station Satkania, District Chittagong by the Ministry of Law, Justice and Parliamentary Affairs and accordingly his licence as temporary. Nikah Registrar of No.1 Charati Union under Police Station Satkania, District Chittagong was issued. Subsequently his licence as Nikah Registrar was cancelled by the impugned order, Annexure-F to the writ petition. We have heard Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers.
3. It is undisputed that the writ petitioner was serving as a lecturer in Chagachor Senior Fazil Madrasa prior to his appointment as temporary Nikah Registrar. Subsequently he in writing requested the Principal of the Madrasa to relieve him of his responsibilities as lecturer of the Madrasa and he was relieved by the Principal of Madrasa with effect from 28.08.2000 on account of unsatisfactory performance. Notice dated 11.10.2000 was served upon the writ petitioner by the respondent No.2 asking him to show cause within a period of 7 (seven) days why the licence earlier granted in his favour should not be cancelled on account of his employment in a Madrasa outside the areas for which he has been licensed. The writ petitioner replied to the said notice explaining his position regarding employment in the Madrasa and also as Nikah Registrar.
4. The High Court Division held that Rule 17 of the Muslim Marriages & Divorces Rules, 1975 puts a bar on any Nikah Registrar to hold any salaried appointment in a Madrasa situated beyond the area for which the Nikah Registrar has been licensed. The High Court Division accordingly discharged the Rule. The writ petitioner does not dispute the allegation brought against him by the Ministry of Law, Justice and Parliamentary Affairs before cancellation of his license.
5. In view of the discussions made above, we are of view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
Accordingly, the leave petition is dismissed.
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