Orissa HC rejects plea by teachers to let them continue as Muslim marriage registrars

The high court asked how teachers would be able to discharge their duty with absolute commitment in the government schools, if they had to bear this responsibility as well

Published on: Sep 16, 2025, 03:00:20 IST

By Debabrata Mohanty

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The Orissa high court has dismissed a batch of petitions by government school teachers who challenged the state’s decision to revoke their licenses as Muslim marriage and divorce registrars, stressing that teaching was a “noble profession” that demands undivided attention and could not be compromised by additional quasi-judicial responsibilities.

“Teaching is a noble profession. It is teachers in general and primary/secondary school teachers in particular who inculcate civilizational values and culture in the young minds. Therefore, our ancient scriptures chant “Guru Saakshaat Parabrahma” literally likening teacher to God. Several onerous duties are attached to the Office of Muhammedan Registrar. His functions have far-reaching evidentiary consequences on the status of marriage/divorce of Muhammedans. In registering marriage/divorce or refusing to register, he exercises quasi-judicial power. They have to maintain and update several Registers/Books. They have to examine parties and witnesses. At times, they have to travel to other places for the discharge of their duties. How will they be able to discharge their duty as teachers with absolute commitment in the Government Schools, is a big question,” justice Dixit Sripad Krishna said, dismissing the petitions.

Muslim teachers of government schools in Odisha have been working as marriage and divorce registrars under the Orissa Muhammedan Marriage and Divorce Registration Act, 1949 and Orissa Muhammedan Marriage and Divorce Registration Rules, 1976.

But two years ago, the state government ended this practice, prompting six teachers who functioned as licensed registrars of Muslim marriages and divorces to move the high court.

In a 12-page verdict, the court traced the statutory framework of the 1949 Act and the 1976 Rules. It noted that the government enjoys discretion in granting licenses and no individual has an “absolute right” to be appointed as registrar.

Justice Shripad said the phrase that “it shall be lawful for the State Government to grant a license” confers power but not obligation. “The vehement plea that long years of service as registrars creates a vested right for renewal cannot be accepted. At best, it is a privilege, not an entitlement. The teachers are settled in permanent government employment. Their additional claim to registrarship, which may deprive unemployed members of the community of livelihood, cannot be sustained,” the court said.

ABOUT THE AUTHOR
Debabrata Mohanty
Debabrata Mohanty is a senior assistant editor of Hindustan Times who works as state correspondent from Odisha covering the state's politics, governance, public policy, natural disasters, environment and its society for close to three decades. With his long years of reporting from the state capital of Bhubaneswar, Mohanty has been known as one of the most experienced and credible journalists covering Odisha for the national English dailies. His reporting combines on-ground detail with deep institutional knowledge detailing the state's changing politics, governance issues, administrative reforms and the functioning of its public institutions. He has regularly reported on issues ranging from legislative developments and public policy implementation. Politics is his core areas of expertise as he closely tracks Odisha's political landscape, including the rise and transformation of the Bharatiya Janata Party (BJP), the Biju Janata Dal (BJD), the two principal political parties in Odisha. His long association with the state's political establishment enables him to write on contemporary developments in a larger political context. Mohanty takes a deep interest in writing human interest stories, environmental issues and documenting the impact of cyclones, floods, heatwaves, and other climate-related events in one of the most disaster-prone states. His coverage extends to public health, governance reforms and stories on accountability of government institutions. Before joining Hindustan Times, Mohanty worked with The Indian Express, Mail Today, and The Telegraph, where he covered at least six general elections and as many assembly elections. In 2007, he was selected for the prestigious Chevening Young Indian Print Journalist Programme at the University of Lincoln, United Kingdom, where he received advanced training in print journalism. In 2009 he won the Press Institute of India-International Committee of Red Cross award on conflict reporting for his on-ground reportage of 2008 Kandhamal riots.Read More

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