Cuttack: The Orissa High Court has upheld the state government’s decision to revoke licences granted to several school teachers to serve as registrars under the Orissa Muhammedan Marriage and Divorce Registration Act, 1949. The ruling came from Justice Dixit Krishna Shripad while hearing six writ petitions filed by government and aided school teachers.
The petitioners argued against the state’s decision to rescind licences that had allowed them to register Muslim marriages and divorces, as well as maintain related records. Many of them had been functioning as registrars for over two decades since being granted licences in 2001. These licences were withdrawn in December 2023.
Justice Shripad dismissed the petitions, stating that the Act provides the state with the authority to revoke such licences. He clarified that the court’s function is to review whether the decision-making process followed the law, not to interfere with the decision itself.
The judgment stressed that permanent salaried teachers are not entitled to claim registrar roles as a right. Justice Shripad highlighted the principle of distributive justice, noting that unemployed or underemployed members of the Muslim community could be appointed as registrars instead. This approach, he said, aligns with constitutional directives under Article 39(b) and (c), which promote fair distribution of resources and opportunities.
The ruling reinforces the government’s discretion in licensing decisions under the 1949 Act and its 1976 Rules while emphasizing community-based equity in employment.
