Telangana High Court
M.D.Rafiyuddin vs State Of Telangana on 31 March, 2022
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO.25243 OF 2021
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents 1 to 5 in appointing the sixth respondent as Governemnt Khazi for Palvancha Revenue Division vide G.O.Ms.No.12, Minorities Welfare (Estt.I) Department dated 16.09.2021, as illegal, arbitrary and contrary to the provisions of Khazi Act, 1880.
2. It is the case of the petitioner that he is fully eligible to be appointed as Khazi and that he was already appointed as Khazi in the year 2004 vide G.O.Ms.No.21 Minorities Welfare (Wakf-I) Department dated 07.10.2004 in the areas of Palvancha as Government Khazi to Palvancha Mandal other than Palvancha Town of Khammam District and that he was also kept in-charge as Government Khazi for Kothagudem consequent upon the termination of Government Khazi of Kothagudem vide notification in G.O.Ms.No.5 dated 31.01.2017 and that he has been discharging his duties as Government Khazi in respect of both the areas to the satisfaction of one and all.
2 MSK,J W.P.NO.25243 OF 2021
3. It is the petitioner's further case that pursuant to the instructions of the District Collector, the petitioner has submitted an application dated 30.06.2021 by duly enclosing all the certificates for appointment as Government Khazi for Bhadradri-Kothagudem District. However, without considering the application of the petitioner, the first respondent issued G.O.Ms.No.12 Minorities Welfare (Estt.I) Department dated 16.09.2021 appointing the sixth respondent as Government Khazi to certain mandals in Palvancha Revenue Division. Thus, the petitioner filed the above Writ Petition contending that without considering his application, the application of the sixth respondent alone was considered and the same was processed and the case of the petitioner is not considered by the respondents for appointment as Government Khazi and thus, the writ petitioner complains violation of Article 14 of the Constitution of India.
4. It is the further case of the petitioner that for appointment of Khazi, one must know reading and writing Urdu and Arabic and he must know Khazath (procedure for doing marriage) and that the petitioner is fully having such 3 MSK,J W.P.NO.25243 OF 2021 qualifications and the sixth respondent cannot read and write Urdu and Arabic nor he can perform Khazath and further, he has studied Diploma in Engineering and therefore, he cannot read and write Urdu and Arabic and therefore, the sixth respondent is not eligible to be appointed as Government Khazi. It is the further case of the petitioner that the sixth respondent was appointed as Government Khazi for six Mandals through the impugned G.O. without consulting the local Mohammedan residents, which is a mandatory requirement under Section 2 of the Khazi Act, 1880 and that the appointment of the sixth respondent is contrary to the provisions of the Khazi Act and therefore, on the above grounds, the petitioner seeks setting aside of the impugned G.O. and for consideration of his case for duly appointing him as Government Khazi in the place of the sixth respondent.
5. The respondents 1, 4 and 6 have filed counters along with vacate stay petition.
6. The first respondent, in its counter, stated that the sixth respondent had submitted his application on 24.10.2014 and thereupon the Government through Memo 4 MSK,J W.P.NO.25243 OF 2021 No.1523/Estt.I/2014-3 dated 22.09.2020 requested the District Collector, Bhadradri Kothagudem District, to examine the matter for appointment of the sixth respondent as Government Khazi, Palvancha, as per Section 2 of the Kazis Act, 1880 and furnish his specific remarks and recommendations in the checklist. It is further stated that the District Collector has submitted his report vide letter in Lr.Rc.No.A/31/DMWO/O/2020 dated 19.12.2020 stating among other things that the subject application has been enquired by the District Minorities Welfare Officer, the fourth respondent and other local Mohammedans of Palvancha recommended for appointment of Sri M.A.Mujahed as Government Khazi and further stated that the sixth respondent is fully acquainted with duties of religious rituals like performing marriages under the Qazzath and Shariyath Law of Muslims and he is a graduate in English medium and also passed examination of Islamic Services from Jamiya Nizamia, Hyderabad and submitted proposal along with necessary enclosures for appointment of the sixth respondent as Government Khazi and considering the said 5 MSK,J W.P.NO.25243 OF 2021 recommendation of the respondents 3 and 4, the Government issued the impugned G.O. and the impugned G.O. is perfectly valid and issued strictly in accordance with the Khazis Act, 1880. It is also stated that the petitioner herein had submitted his application only on 30.06.2021 as against the application of the sixth respondent submitted as early as on 24.10.2014 and it is further stated that the petitioner is already appointed as Government Khazi to Palvancha Mandal other than Palvancha Town of Khammam District and in addition to that, the petitioner is also appointed as in-charge Khazi to Kothagudem Mandal and he is working as such.
7. The fourth respondent also filed counter affidavit in the very same lines.
8. The sixth respondent filed a counter stating in the same lines as that of the first respondent and further stated that the petitioner herein has committed several irregularities while discharging his duties as Khazi and several complaints were also made against him since the year 2011 onwards and further stated that FIR.No.11 of 2012 dated 07.01.2012 was also registered against the 6 MSK,J W.P.NO.25243 OF 2021 petitioner herein and further stated that the petitioner herein, having developed grudge against the sixth respondent and his father and having come to know that the District Collector submitted a proposal for appointment of the sixth respondent as Government Khazi, he, with an ill-intention, submitted a representation on the same day i.e. on 30.06.2021 and filed the present Writ Petition with malafide intention to deprive the petitioner. Several other allegations are also made against the petitioner, however, they are not relevant for deciding the present Writ Petition.
9. Heard the learned counsel for the petitioner as well as learned Government Pleader for Social Welfare and the learned counsel for the sixth respondent.
10. Admittedly, the petitioner was already appointed as Government Khazi through G.O.Ms.No.21 dated 07.10.2004 to Palvancha Mandal other than Palvancha Town of Khammam District and in addition to the same, he was also kept in-charge as Government Khazi in respect of Kothagudem Mandal since 2017 and he has been working as such. Further, from the impugned G.O., it is evident that the proposal for appointment of the sixth respondent 7 MSK,J W.P.NO.25243 OF 2021 was made by the District Collector/third respondent on 30.06.2021 and pursuant to the same, the impugned G.O. came to be issued appointing the sixth respondent as Government Khazi in respect of Aswaraopeta, Dammapeta, Mulakalapally, Manuguru, Aswapuram, Pinapaka, Karakagudem and Burgampahad Mandals in Bhadradri Kothagudem District for performing marriages and religious rituals of Muslims as per Section 2 of the Khazis Act, 1880. The application stated to have been submitted by the petitioner was on 30.06.2021 i.e. the date on which recommendation was made by the third respondent for appointment of the sixth respondent as Government Khazi. The main ground on which the impugned G.O. is assailed by the petitioner is that the local Mohammedans were not consulted as required under Section 2 of the Khazis Act, 1880. But the recommendation made by the third respondent for appointment of the sixth respondent as Government Khazi is filed along with the counter affidavit filed by the fourth respondent and a perusal of the same makes it clear that due consultation with the local Mohammedans was already done and the relevant portion 8 MSK,J W.P.NO.25243 OF 2021 from the said recommendation dated 30.06.2021 is extracted hereunder.
"In turn of M.A.Wahed, Government Kazi, Palvancha recommended for appointment of M.A.Mujaheed as Government Kazi and other also local Mohammadanns of Palvancha has also recommended for appointment him as Government Kazi.
Further, it is submitted that the applicant is well acquainted with duties of religions like performing marriages under the Qazathand Shariyath law of Muslims and he is Graduate in English Medium and also passd the examination of Islamic Services (Nayab Qazath) from Janimiya Nizamia, Hyderabad."
Further, from the checklist for appointment as Government Khazi enclosed to the said recommendation of the third respondent also it is evident that necessary consultation was already done, as required under Section 2 of the Khazis Act, 1880. Therefore, the main ground on which the present Writ Petition is filed is found to be not correct. Further the appointment as Government Khazi is not an employment and no right is conferred upon the petitioner to claim such appointment as a matter of right. In addition 9 MSK,J W.P.NO.25243 OF 2021 to the same, the petitioner is already working as Government Khazi by virtue of the appointment made by the first respondent since the year 2004 and also working as in-charge Khazi in respect of Kothagudem Mandal since the year 2017 and there is no vested right much less legal or statutory right conferred on the petitioner to claim appointment as Government Khazi or to claim consideration of his application for appointment as Khazi. No such legal duty cast on any of the official respondents and as already observed, there is no legal right to the petitioner. The petitioner failed to demonstrate violation of any legal or Fundamental Right much less violation of any statutory provision.
11. Hence, the Writ Petition fails and the same is, accordingly, dismissed.
There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.
_____________________________________ (MUMMINENI SUDHEER KUMAR, J) 31st March 2022 RRB