1

DISTRICT: HAILAKANDI

IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM AND

ARUNACHAL PRADESH)

(CIVIL EXTRA ORDINARY JURISDICTION)

WRIT PETITION (CIVIL) NO. OF 2023

CATEGORY OF CODE:

CATEGORY OF CASE: selection of Kazi by state Revenue

Department

To,

The Hon'ble Mr. Justice L.S. Jamir B.A. LLB., The Chief
Justice (Acting) of the Hon'ble Gauhati High Court and His
Lordship's other companion Justices of the said Hon'ble Court.

IN THE MATTER OF :
An application under Article 226 of the
Constitution of India praying for
issuance of a Writ in the nature of
Certiorari and Mandamus and/or any
2

other appropriate writ, order or

direction of the like nature.
-AND-

IN THE MATTER OF:

Advertisement vide memo no.
M-2/REGN/HKD/91/pt/1 16-A dated
28.09.2022 issued by the Deputy
Commissioner cum District Registrar ,
Hailakandi, for selection of the
permanent post of Muslim Marriage &
Divorce Registrar Kazi for Hailakandi
police station area in compliance with
Asstt. Inspector of Registration, Assam
vide letter no. IGR/MMR-59/2018/33,
dated 31/05/2022.
-AND-

IN THE MATTER OF:

Illegal and arbitrary preparation of list

of candidates list by violating the
Rule 3, 4 and 13 of the Assam Muslim
Marriage & Divorces Registration
Rules, 1935.

-AND-
3

IN THE MATTER OF:

Letter no E-86684 – DATED Hailakandi

30/08/2023 for appointment of Kazi
under Hailakndi Police Station to the
next empaneled candidate as the
serial no – 1 already joined other govt.
job.

-AND-

IN THE MATTER OF:

Non consideration of the letter vide

no. IGR/MMR-59/2018/91-A, issued by
the Asstt. Inspector General of
Registration, Assam to the District
Registrar cum District Magistrate,
Hailakandi for sending of suitable
names for appointment of Kazi under
Hailakndi Police Station as the earlier
listed panel was prepared by violating
Govt. Rules and there was serious
infirmity while preparing the earlier
panel for the same .

-AND-

IN THE MATTER OF:

4

None sending of the proposals of

names of eligible candidates of locality
including petitioner for temporary
issuance of license of Muslim Kazi of
the jurisdiction of Hailakandi police
station, Hailakndi in spite of repeated
request by the petitioner

-AND-

IN THE MATTER OF:

Appropriate direction to the District

Registrar cum Deputy Commissioner,
Hailakandi for sending the fresh
proposals of eligible candidates
including the name of the petitioner
being an eligible candidate having
brilliant academic records for issuance
of license of Muslim Kazi for Marriage
and Divorce for the above jurisdiction
under Rule 13 of the Assam Muslim
Marriage & Divorces Registration
Rules, 1935

-AND-

IN THE MATTER OF :
5

Appropriate direction to the

respondents for allowing the
candidature of the petitioner for
sending of names for issuance of
temporary License of Muslim Kazi for
Marriage and Divorce of the
jurisdiction of Hailakandi police station
since the petitioner is an eligible
candidates having high percent of
marks and qualifications as per above
Rule for the above license of Kazi.

-AND-

IN THE MATTER OF :

Violation of provisions of law

contained in the Assam Muslim
Marriage & Divorces Registration
Rules, 1935

-AND-

IN THE MATTER OF :
Violation of the Article 14 16 & 21 of
the Constitution of India.

-AND-
IN THE MATTER OF:
6

Enforcement of the Fundamental

rights of the petitioner guaranteed by
the constitution of India and other
laws of the land
-AND-
IN THE MATTER OF:
Violation of the established principles
of natural justice and administrative
fair play.
-AND-

IN THE MATTER OF:

Illegal deprivation of the petitioner

from earlier selection for the
appointment of Muslim Marriage and
Divorce Kazi under the jurisdiction of
Hailakandi police station by violating
the provisions of Rules framed there
under.

-AND-
IN THE MATTER OF:
Appropriate direction to the
respondents for reconsideration of the
recommendation of the names by
preparing panel and prepare and the
7

submit all details qualifications by the

District Registrar, Hailkandi in terms of
the letter dated 22/09/2023, to the
Assistant Inspector General of
Registration, Assam in short Asstt.
IGR, Assam.
-AND-
IN THE MATTER OF:
Kahir Uddin Mazumder

(Aged about 35 years),

S/O- Ibadur Rahman Mazumder

Resident of vill – Itor Kandi Part- i

P.O. Ratakandi

P.S & District - Hailakandi,

PIN- 788152, Assam.

…………. PETITIONER

-Versus-

1. The state of Assam and 3 Ors rep.

by the principal secretary to the
government of Assam revenue and
disaster management department
Dispur, Guwahati-06.
 8

2: Assam cum president permanent

committee Rupnagar Guwahati-
781019.

3: the Asstt. Inspector general of

registration Assam Rupnagar
Guwahati- 78101

4. The District Registrar cum District

Comissioner Hailakandi, P.o. & P.s. &
dist. - Hailakandi, Assam.

5. Md Jubair Ahmed Choudhury.

S/O – Late Sirajul Haque Choudhury

Vill – Daudh Pur .P.O- Baliura

P.S and District – Hailakandi , Assam

Pin -

......RESPONDENTS

The humble petition of the petitioner above named

MOST RESPECTFULLY SHEWETH:/

1. That, the petitioner is a citizen of India and permanent resident

of the above mentioned address. As such, the petitioner is entitled
to all the rights, protections and privileges guaranteed to the
 9

citizens of India under the Constitution of India and the laws

framed there under.

2. That, the petitioner is highly aggrieved by the illegal, arbitrary,

unfair, unreasonable and capricious decision of the respondent /
authorities i.e the District Registrar, Hailakandi in non-submit
of the fresh proposal / Names of eligible candidates including
petitioner for issuance of temporary license for Kazi of Muslim
Marriage and Divorce under the jurisdiction of Hailakandi police
station, Hailakandi to the Inspector General of Registrar ,Assam
here in after called IGR in spite of receiving the letter vide no.
IGR/MMR-59/2018/91-A, issued by the Asstt. Inspector General
of Registration, in short IGR Assam to the District Registrar cum
District Magistrate, Hailakandi. The petitioner submitted all the
requisite educational particulars along with other eligible
candidates of the said jurisdiction for nomination of their name to
the IGR Assam in as much as pray for cancellation of the
earlier illegal merit list for the above post by the District
Registrar cum District Magistrate , Hailakandi . Since there was
great illegality / infirmity in preparation of the lists of candidates.
The said list was prepared by on extraneous consideration after
taking oral Interview by violating Rules on pick and choose basis.
Accordingly repeated complaint / objection were made by
petitioner as well as other candidates and the IGR Assam did not
made any appointment. Hence This Writ petition with a prayer
for setting aside /cancel the earlier illegal list for the above
 10

purpose, prepared and referred by the District Registrar cum

District Magistrate, Hailakandi and also pray for appropriate
direction to the District Registrar cum District Magistrate,
Hailakandi to nominate the fresh names as per Rule 3 and 4 and
13 of the Assam Muslim Marriage & Divorces Registration in terms
of the letter of the letter dated 22/09/2023, to the Assistant
Inspector General of Registration, Assam in short Asstt. IGR,
Assam. Hence this writ petition.

3. That the petitioner begs to state that he is an eligible

efficient candidate for the above post for license of the Kazi of
Muslim Marriage and Divorce under the jurisdiction of Hailakandi
police station, Hailakndi as he passed MM (Momtazul Mohaddisin)
having first class with second position in all over Assam from
State Madrassa Board Assam . In as much as the petitioner also
completed BA decree with first class in Distance mood from
Moulana Azad National Urdu University . The petitioner passed
TET (Teachers Illegibility test) for MM Asstt. Teacher and by
securing 76 percent marks and also completed TET for lecturer in
Madrassa Education and also passed FM TET Examiniation by
securing 83 % Marks . However the Govt. Abolished the Madrassa
Education Department as per the policy decision of the
Government of Assam as such petitioner did not get any
appointment.
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The details of the Educational Qualification of the petitioner are

given bellow –
Madarassa Qualification-
Sl No. Name of course Percentage Division
1 Intermediate 64% First Division

2 FM 74% First Division

3 MM 70% First class
4 FM TET 83% First Division
5 MM TET 76% First Division
6

General Qualification-
Sl No. Name of course Percentage Division
1 HSLC 58% Second Division
2 HS 56% Second Division
3 BA 68% First class

Copies of the Mark sheets of FM & MM

and BA Examination are annexed hereto
are annexed to Annexure 1, 1A and
1B to this petition. The petitioner begs
to undertake to produce the other mark
sheets as and when required by this
Hon,ble Court.
 12

4. That the petitioner begs to state that on 25/09/2022, the

Deputy Commissioner cum District Registrar , Hailakndi has
issued an advertisement on 28/09/2022 for filling up the
permanent post of Muslim Marriage and Divorce Registrar Kazi for
Hailakandi police station area in compliance with the letter dated
31/05/2022 of Asstt. Inspector General of Registration, Assam.
Accordingly the petitioner being an illegible local candidate
applied for the said post and ultimately the Asstt. District
Commissioner (Revenue) Hailakandi by his letter dated
19/11/2022 issued call letter and by violating Rules called for oral
interview on 03/12/2022 at 11 am in the DC Conference Hall,
Hailakandi . Ultimately the petitioner appeared before the
interview Board and did well in the said interview with an
expectation to get his selection. But the selection Board illegally
on extraneous consideration prepared a select list by taking oral
interview by violating Rule 3 and 4 and 13 of the Assam Muslim
Marriage & Divorces Registration Rules, 1935. There after
illegally prepared a list and the same was referred to the IGR
Assam by the District Registrar, Hailakndi . The petitioner have
brilliant academic record in spite of that his name was placed at
serial no 6 in the list. There was repeated complaint against the
said illegal list . on receipt of the all complaint the IGR Assam
has not made any appointment till date. As such petitioner pray
for cancelation / setting aside of the above illegal list for
selection of Kazi by the District Registrar, Hailakandi and pray
 13

for appropriate direction to the District Registrar cum District

Magistrate , Hailakandi to nominate the fresh names of eligible
candidates of the said area as per Rule 3 and 4 and 13 of the
Assam Muslim Marriage & Divorces Registration Rules in terms of
the letter of the letter dated 22/09/2023, of the Assistant
Inspector General of Registration, Assam in short Asstt. IGR,
Assam for appropriate justice.
A photocopy of the advertisement
dated 28/09/2022 and call card of the
petitioner issued by the Addl. Deputy
Commissioner (Revenue) Hailakandi are
annexed here to Annexure 2 and 3 to
this petition

A copy of illegal purported merit list

dated --------- is annexed here to are
annexed here to Annexure 4 to this
petition

5. That the petitioner begs to state that the Rules for the above post
viz. Assam Muslim Marriage & Divorces Registration Rules, 1935
followed by an advertisement dated 28/2/2022 does not speaks
about any oral interview or selection . The eligible candidates’
names are only required to refer with all details of Educational
Qualification shall be submitted to the IGR Assam ,who is required
to be placed before a permanent Committee but surprisingly the
District Registrar cum Deputy Commissioner Hailakandi illegally on
 14

extraneous consideration prepared a penal/merit list with less

meritorious candidates placed them on the top and keeping the
candidates like petitioner at serial no 6 , by giving less marks in the
oral interview . The candidates who are outside jurisdiction were
included in the list and whose educational qualification was better &
secured more marks were placed bellow in the said list. As such the
above merit list is not sustainable in the eye of law and the same is
liable to be set aside and quashed.

6. That the petitioner begs to state that the petitioner came to know
from reliable source that the District Registrar cum Deputy
Commissioner, Hailakandi placed the petitioners name at serial no
6 of the said illegal list there by violates Rule 2, 3, 4 & 13 of Assam
Muslim Marriage & Divorces Registration Rules, 1935,. While
knowing the above illegality in the process of selection by the
district authority, the petitioner along with the some responsible
persons of area raised complaint before IGR Assam against the
illegality / infirmity in selection of the Kazi by the District Registrar,
Hailaknd . Accordingly the IGR Assam kept on hold of the above
appointment and proceed for calling of fresh nomination for the
above post but the District Authority did not send any fresh
nomination rater complicated the matter by referring the names of
earlier illegal selection .Thereby your petitioner is victim of above
illegal action of District authority. As such for the interest of justice
the respondent no 4 may directed to nominate the petitioners name
along wither eligible candidates for final selection of the above post.
 15

7. That the petitioner begs to state that on 30/08/2023 the District

Magistrate cum District Registrar by his letter dated 30/08/2023
requested the IGR, Assam for appointment to the post of Kazi of
Hailakandi police jurisdiction to the respondent no.5 who is in
second position of the earlier illegal merit list as the serial no 1 of
the said merit list joined in other job. However the IGR Assam
knowing the illegality and extraneous actions of the District authority
while preparing the list for the above post , decided to call for fresh
names from the District as per Rules and the District authority just
to deprive the petitioner did not interested to send the fresh names
again and tried to insists on enforcing the earlier illegal lists , as
the petitioner have excellent academic qualification in comparison
with other candidates .As such the impugned action of the authority
needs immediate intervention of this Honble court otherwise your
petitioner remain deprived from his legitimate claim of selection .

A copy of the letter dated 30/08/2023

issued by the District Magistrate cum
District Registrar annexed here to
Annexure 5 to this petition

8. That the petitioner begs to state that the above post of Kazi was
felt vacant since 30/08/2020, and while the IGR Assam found the
anomalies in earlier selection list of Kazi , did not made any
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appointment till date . Ultimately the MLA’s of Hailakandi District

requested the concerned Departmental Minister for issuance of
license to the petitioner being an eligible candidates for the above
vacant post of Kazi. While received of the letter from the MLA of the
District, the Departmental Minister requested the IGR, Assam for
doing needful in this regard. Accordingly the Asset. IGR, Assam by
his letter dated 22/09/2023 requested the District Registrar,
Hailakandi for nomination of the fresh names of eligible candidates
of the area for issuance of license of Kazi. On received of the said
letter the District Registrar did not recommending / nominating any
suitable names including petitioner for issuance of license of Kazi for
the interest of the General public of the area. It pertinent to state
that on response to the said letter it is learnt that the District
Registrar, Hailakandi in a most arbitrary manner referring the earlier
illegal list of candidates ,just to deprived the petitioner who is an
efficient and eligible genuine candidates for the above post . As such
the above in action on the part of the District Registrar, Hailakandi in
non-referring/nominating the eligible names for the above post
including petitioner is illegal arbitrary and may be liable to interfere
to this Court. Otherwise your petitioner being an efficient candidates
for the above post will remain deprived.

A copy of the letter dated 22/09/2023

issued by Asstt. IGR, Assam to District
 17

Registrar, Hailakandi annexed here to

Annexure 6 to this petition.

9. That the petitioner begs to state that admittedly there was gross
irregularity and illegality committed while selecting the names in the
earlier selection process of Kazi in Hailakandi District by violating
Rules as there is no such provisions of any oral interview and
marking system for the above post in the Rules 2, 3 and 4 of Assam
Muslim Marriage & Divorces Registration Rules, 1935. In as much as
the District selection Committee included some outsider inefficient
candidates of the other jurisdiction by producing false documents
and some candidates secured less parentage of marks than the
petitioner were placed in the higher position than the petitioner.
Ultimately petitioner filed several complaint before the authority on
the above illegal selection , in spite of securing high percentage of
marks having brilliant academic records of the petitioner but no
positive response from the respond no 4 . While knowing the
illegality and arbitrary selection of MMR Kazi of jurisdiction of
Hailakand police station, the local NGO also filed repeated
representations stating that one IH Laskar who is a resident of other
police station having Govt. job was included in the penal but in spite
of that the District Registrar prepared the penal by including said
name.
It is pertinent to mention here that while preparing the above
illegal penal the District Registrar keeping the persons top of the
 18

list who even did not have more marks than the petitioner . The
District authority given more marks to them in the oral interview
illegally by violating the provision 3, 4 and 13 of Assam Muslim
Marriage & Divorces Registration Rules, 1935.since the above Rules
did not provide any provision of oral interview and marking system
while nominating names . The District Registrar formed his own
process for selection by giving complete go by of the rules of the
above matter . As such preparation of the above illegal selection list
by taking oral interview is bed in law and liable to be interfere by
this Hon’ble Court.

A copy of the representation letter

dated 01/11/2022 issued by Bengali
Youth Forum, Hailakandi annexed here
to Annexure 7 to this petition

A copy of the representation filed by

the petitioner before the IGR, Assam
annexed here to Annexure 8 to this
petition.

10. That, the respondent no. 4, the District Registrar has acted in
the most illegal, arbitrary, mala fide, unreasonable and capricious
manner did not submit the proposal of recommending the names
in terms of the letter dated 22/09/2023, rather trying to send the
names of earlier illegal list on extraneous consideration . As such
on the above illegality if this Hon'ble Court, did not interfere the
 19

petitioner will be seriously prejudiced. The petitioner has been

discriminated against without any reasonable basis or justification.
There has evidently been a colorable exercise of powers for
collateral purposes. The impugned actions reflect malice in law, as
well as, malice in facts. As such, the petitioner humbly submits
that the impugned in actions on the part of the respondent no.4
in non-referring the names of the petitioner including other
eligible candidates is liable to be interfere by this Hon’ble Court
otherwise your petitioner will suffer irreparable loss and injuries .

11. That the petitioner further begs to state that for the interest
of justice the above the Respondent No. 4 the District Registrar
cum District Magistrate, Hailakandi may be directed to nominate
the names of eligible candidates as per Rule 3 and 4 and 13 of
the Assam Muslim Marriage & Divorces Registration in terms of
the letter of the letter dated 22/09/2023, of the Assistant
Inspector General of Registration, Assam in short Asstt. IGR,
Assam for issuance of license. No person properly instructed in
law could have taken the impugned decision in respect
nominating the name of the petitioner including the other eligible
candidates. In view of the above, the petitioner humbly submits
that the said impugned in action on the part of the respondent
authorities is liable to be interfered with by this Hon'ble Court.

12. That, the petitioner respectfully begs to submit that he is

academically excellent having religious knowledge and experience
for the above post but in earlier occasion he was deprived from
 20

getting selection due to arbitrariness of the District Registrar,

Hailakndi. As such under the facts and circumstances that have
been narrated hereinabove would make it abundantly clear that
the conditions precedent for exercise of powers have not been
followed by the Respondent Authorities in the instant case. The
actions of the Respondent authorities in denying the petitioner
from his legitimate right of nomination / recommendation of his
name. Apart from being bias and discriminatory is violation of the
principles of natural justice, necessitating immediate interference
at the hands of this Hon,ble Court.

13. That, the petitioner submits that in view of the facts and
circumstances narrated here in above, he has a strong prima facie
case in his favor, as the respondent authorities have flouted all
the established principles of law governing the field. The
petitioner is bound to suffer an irreparable loss and injury, if he is
not allowed for nomination of his name like other similarly
situated person for the above posts . The balance of convenience
is strongly in favor of the petitioner as the respondent authorities
in a most arbitrary manner did not nominate his name in terms of
the letter darted 22/09/2023 issued by the Asstt. IGR, Assam.
This is therefore a pre-eminently fit case wherein this Hon'ble
Court may be pleased to intervene in the matter and grant
appropriate interim relief to the writ petitioner, pending disposal
of the case.
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14. That the petitioner begs to submits that considering the

peculiarity of the facts and circumstances of the instant case, this
Hon'ble Court may be pleased to direct the respondent authorities
mainly the respondent no. 4 to comply the direction of respondent
no.3 for appropriate justice.

15. That, there is no other equally efficacious alternative remedy

available to the petitioner and the relief sought for, if granted
would be just, proper and adequate. Presently, no other court
case filed by the petitioner before any Court of Law against the
Impugned arbitrary refusal of the petitioner for nomination of his
name for the above post .The petitioner filled the representation
before the respondent no 4 for reconsideration of his case for
getting license since he is dully qualified by cancelling the earlier
illegal and arbitrary selection and appointment in the post of Kazi
of the jurisdiction of Hailakandi police station but the same also
not consider as yet.
16. That the petitioner begs to submits that till date his name is
not nominated for selection to the above post of Kazi in terms of
his qualification . As such the impugned in action on the part of
the respondents is clear violation of Article 14, 16 and 21 of the
constitution of India .

17. That the petitioner begs to state that he is victim of

deprivation without any fault of him. As such for the ends of
justice the petitioner’s name may be nominated along with other
eligible candidates for the above post and non-considering the
 22

of his case is a clear violation of natural justice and administrative

fair play .

18. That, the petitioner demanded justice and the same has been
denied to her ends of justice.

19. That, this petition is made bona fide to secure the ends of
justice.

In the premises aforesaid, it is

therefore most respectfully prayed
that Your Lordships may be pleased to
admit this petition, call for the records
and issue a Rule calling upon the
Respondents to show cause as to why
an appropriate writ /order shall not
be issued directing the respondent
authorities to cancel/set aside the
earlier illegal list submitted by the
District Registrar, Hailakandi for
issuance of license for Kazi of the
jurisdiction of Hailakndi police station
and/or why the direction shall not be
issued to the Respondent No. 4
District Registrar cum District
Magistrate, Hailakandi to nominate
the names of eligible candidates as
23

per Rule 3 and 4 and 13 of the Assam

Muslim Marriage & Divorces
Registration in terms of the letter of
the letter dated 22/09/2023, of the
Assistant. IGR, Assam for issuance of
license Of Kazi And/or why a writ in
the nature of Mandamus shall not be
issued directing the Respondent no. 2,
3 & 4 to re-consider the case of the
petitioner’s name a fresh along with
other eligible candidates in
accordance with law, after giving
adequate due consideration to the
educational qualification and other
certificates issued in his favor along
with other eligible candidates for the
above license of Kazi of the jurisdiction
of Hailakandi police station and/or
Upon cause/causes that may be
shown, after hearing the parties and
upon perusal of the records Your
Lordships may be pleased to make the
Rule absolute and / or to pass any
other appropriate order or direction as
to Your Lordships may deem fit and in
 24

the facts proper and circumstances so

as to give full and complete relief to
the petitioner.

-AND-

Pending disposal of the Rule, Your

Lordships may be pleased to direct the
respondents / authorities, not to issue
any license of Kazi of the jurisdiction
of Hailakandi police station in terms of
the earlier illegal list And Further direct
the respondent no.4 the District
Registrar, Hailakandi to nominate the
fresh eligible and qualified names
including the petitioner in terms of the
letter dated 22/09/2023 issued by the
Asstt. IGR, Assam. and/ or to pass
such further or other Order(s) as Your
Lordships may deem fit and proper in
order to give adequate interim
protection to the petitioner.

And for this act of kindness the petitioner as in duty bound

shall ever pray.
 25

AFFIDAVIT

I Kahir Uddin Mazumder (Aged about 33 years), S/O- Ibadur

Rahman Mazumder Resident of vill – Itor Kandi Part- I, P.O.
Ratakandi P.S. & District - Hailakandi , by profession unemployed
youth do hereby solemnly affirm and say as follows:

1. That I am the petitioner in the accompanying writ petition, as

such, I am fully conversant with the facts and circumstances of the
case and competent to swear this affidavit.

2. That the statements made in this affidavit and in paragraphs 1,

2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, ,13,14,15,16 ,17, 18 and 19 of the
writ petition are true to my knowledge, while which I believe to be
true and the rest are my humble submissions before this Hon’ble
Court.
 26

“OATH”
“I swear that this, my declaration is true, that it conceals
nothing and that no part of it is false. So help me God.”

And I sign this affidavit on this the ______ day of November,

2023 at Guwahati.

Identified by: -

Advocate Clerk

DISTRICT: HAILAKANDI
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM
AND ARUNACHAL PRADESH)
(CIVIL EXTRA ORDINARY JURISDICTION)
WRIT PETITION (CIVIL) NO. OF 2023
Kahir Uddin Mazumder ………. Petitioner
-Versus-
The State of Assam & 4 Ors……………. „Respondents
SYNOPSIS

The petitioner is highly aggrieved by the illegal, arbitrary, unfair,

unreasonable and capricious decision of the respondent / authorities i.e
the District Registrar, Hailakandi in non-submit of the fresh proposal / Names
of eligible candidates including petitioner for issuance of temporary license
for Kazi of Muslim Marriage and Divorce under the jurisdiction of Hailakandi
police station, Hailakandi to the IGR Assam in terms of the letter vide no.
 27

IGR/MMR-59/2018/91-A, dated 22/09/ 2023 issued by the Asstt. Inspector

General of Registration, The petitioner submitted all the requisite educational
particulars along with other eligible candidates of the said jurisdiction for
nomination of their name to the IGR Assam but nothing has been done by
the respondent no 4 . As such petitioner pray for cancellation of the earlier
illegal merit list for the above post prepared by the District Registrar cum
District Magistrate , Hailakandi as the said list was prepared on
extraneous consideration by violating Rules on pick and choose basis.
Accordingly the IGR Assam did not issued any license of Kazi . Hence this
Writ petition with a prayer for setting aside /cancel the earlier illegal list for
the above purpose, and also pray for appropriate direction to the District
Registrar cum District Magistrate, Hailakandi to nominate the fresh names
in terms of the letter of the letter dated 22/09/2023, to the Assistant
Inspector General of Registration, Assam in short Asstt. IGR, Assam. Hence
this writ petition.
Filled by
 28

DISTRICT: HAILAKANDI
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM
AND ARUNACHAL PRADESH)
(CIVIL EXTRA ORDINARY JURISDICTION)
WRIT PETITION (CIVIL) NO. OF 2023
Kahir Uddin Mazumder ………. Petitioner
-Versus-
The State of Assam & 4 Ors……………. „Respondents
INDEX
Sl Page

No numbe

. r

1 Petition

2 Affidavit
 29

3 Annexure 1, Copies of the Mark sheets of FM & MM

1A and 1B and BA Examination.

4 Annexure 2 A photocopy of the advertisement dated

and 3 28/09/2022 and call card of the petitioner

issued by the Addl. Deputy Commissioner

(Revenue) Hailakandi.

Annexure 4 A copy of merit list.

5

6 Annexure 5 A copy of the letter dated 30/08/2023

issued by the District Magistrate cum

District Registrar.
7 Annexure 6 A copy of the letter dated 22/09/2023

issued by Asstt. IGR, Assam to District

Registarar, Hailakandi.
8 Annexure 7 . A copy of the representation letter dated

01/11/2022 issued by Bengali Youth

Forum, Hailakandi.

Annexure 8 A copy of the representation filed by the

petitioner before the IGR,

 30

Date - Filed

Advocate

DISTRICT: HAILAKANDI
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM
AND ARUNACHAL PRADESH)
(CIVIL EXTRA ORDINARY JURISDICTION)
WRIT PETITION (CIVIL) NO. OF 2023
Kahir Uddin Mazumder ………. Petitioner
-Versus-
The State of Assam & 4 Ors……………. „Respondents

-LIST OF DATES-

Sl. No Date Particulars Page

1 28/09/2022 A photocopy of the advertisement
and call card of the petitioner issued
by the Addl. Deputy Commissioner
(Revenue) Hailakandi.
 31

2 30/08/2023 A copy of the letter issued by the

District Magistrate cum District
Registrar.

3 22/09/2023 A copy of the letter issued by Asstt.

IGR, Assam to District Registarar,
Hailakandi.
01/11/2022 A copy of the representation letter
issued by Bengali Youth Forum,
Hailakandi.
Date Filed by-

Advocate

DISTRICT: HAILAKANDI
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM
AND ARUNACHAL PRADESH)
(CIVIL EXTRA ORDINARY JURISDICTION)
WRIT PETITION (CIVIL) NO. OF 2023
Kahir Uddin Mazumder ………. Petitioner
-Versus-
The State of Assam & 4 Ors……………. „Respondents
COURT FEE

SL.NO. PARTICULARS COURT FEES

1. Petition Court Fees

 32

2. Affidavit Court
Fees

Vakalatnama Court
3. Fees

Filed by

Advocate

DISTRICT: HAILAKANDI
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM
AND ARUNACHAL PRADESH)
(CIVIL EXTRA ORDINARY JURISDICTION)
WRIT PETITION (CIVIL) NO. OF 2023
Kahir Uddin Mazumder ………. Petitioner
-Versus-
The State of Assam & 4 Ors……………. „Respondents
DETAILS OF ADVOCATE

SL. NO- NAME OF ENROLLMENT EMAIL I.D. CONTACT

ADVOCATES NO. WITH NO.
YEAR
1. MD. KURSHID kurshidalammazu
i. ALAM MAZUMDER mder@gmail.com
28/1991 94350-78818
 33

2. Elias Ahmed 1353/2006-07 7002101692

3. ABDUL HAI 261/2021 Shinehey123@gmail9365263191

.com

Filed by

Advocate

NOTICE

From,
Mr. A. Hai
Advocate.
To,
1.S.C.Health Deptt.
Gauhati High Court.

Ref :- W.P.(C)No- /2023

Kahir Uddin Mazumder ………. Petitioner
-Versus-
The State of Assam & Ors……………. „Respondents

Sir,
 34

Please take notice that the above noted writ petition is going
to be filed today before this Hon’ble Court and a copy of the same
is going to be furnish you as your service copy.

Kindly receipt and acknowledge the same.

Received by- Your’s faithfully-

(Abudul Hai),
Advocate
Gauhati High Court
Date

To,
THE INSPECTOR GENERAL OF REGISTRATION ASSAM CUM PRESIDENT
PERMANENT COMMITTEE RUPNAGAR GUWAHATI- 781019

Sub:- Prayer for verification / cancelation of the illegal merit list submitted by the D.C.
cum D.R. Hailakandi for the post of Kazi under the jurisdiction of Hailakandi
police station, since the said select list was prepared by violating Rule 3, 4,
and 13 of the above mentioned subject and further pray for appropriate direction to
the D.C. cum D.R. Hailakandi to nominate fresh names by inclusion of my name
for the above post in terms of Asstt. IGR, Assam letter dated 22/09/2023

Ref:- Asstt. IGR, Assam letter dated 28/09/2023,

Respected Sir,
With reference to the subject cited above, I have the Honour to inform you that an
advertisement was issued on 22/09/2022, by the D.C. cum D.R. Hailakandi for the post of
Kazi under the jurisdiction of Hailakandi police station. Accordingly call card was issued on
22/11/2022, for interview for the above post. However the selection body in a most illegal and
arbitrary manner by violating the Rules 3,4 & 13 of Assam Muslim Marriage & Divorces
 35

Registration Rules, 1935, taken oral interview and prepared an illegal list by depriving me
since I have good academic records having high percentage of Marks .

I, along with other social Organization of the area made several complaint against the above
illegal oral interview and selection but the local authority insisting on appointment from the
said illegal list. However because of intervention your Honour call for fresh nomination from
the District Registrar, Hailakndi but till date the District authority did not send any fresh list of
nomination just to deprive me , which is a great arbitrary and illegality on the part of the D.C.
Hailakandi

It is therefore, pray that kindly verify / cancel the earlier illegal section list of the D.C. and
D.R., Hailakandi since the same was prepared by ignoring the marks of the petitioner and
consider my candidature in terms of my qualification / marks by calling a fresh nomination list
from the District along with all other eligible candidates so that the highly efficient candidates
like me may not be deprived and obliged

Yours Faithfully

Kahir Uddin Mazumder

S/O- Ibadur Rahman Mazumder
Resident of vill – Itor Kandi Part- i P.O.
Ratakandi P.S &
District - Hailakandi,

1. COPY of List of candidates along with all educational records who are
selected and placed before me by the D.R. Hailakndi for the post of MMR & Kazi
of Hailakandi District .

2. Copy of the merit list of the candidates who are selected and their marks
secured in the oral interview and selection for the post of MMR & Kazi of
Hailakandi District .

3. Copy of the records / minutes / resolution of the selection committee of DR for

the post of MMR & Kazi of Hailakandi District . .

4. Copy of the letter dated 31/05 /2022 vide NO IGR / MMR -59/ /2018/33
DATED 31 th May 2022
 36

5. Comparative Result sheet / Mark sheet of selected person above me in the

oral interview dated 03/12/2022 held in the D.C. Office.

The details of the Educational Qualification of the petitioner are

given bellow –
Madarassa Qualification-
Sl No. Name of course Percentage Division
1 Intermediate 64% First Division

2 FM 74% First Division

3 MM 70% First class
4 FM TET 83% First Division
5 MM TET 76% First Division
6

General Qualification-
Sl No. Name of course Percentage Division
 37

1 HSLC 58% Second Division

2 HS 56% Second Division
3 BA 68% First class