The Orissa High Court has dismissed a batch of petitions filed by government school teachers challenging the state government’s decision to revoke their licenses as Muslim marriage and divorce registrars. The court underscored that teaching is a “noble profession” requiring undivided attention and cannot be compromised by additional quasi-judicial responsibilities.
Justice Dixit Sripad Krishna, delivering the verdict, observed:
“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… How will they be able to discharge their duty as teachers with absolute commitment in Government Schools, is a big question.”
For decades, Muslim teachers in government schools across Odisha were also functioning as registrars under the Orissa Muhammedan Marriage and Divorce Registration Act, 1949 and the Orissa Muhammedan Marriage and Divorce Registration Rules, 1976. Their duties included registering marriages and divorces, maintaining statutory registers, examining parties and witnesses, and sometimes travelling for official work.
In 2023, however, the state government ended the practice, prompting six teachers—who had been serving as licensed registrars—to move the high court against the decision.
In its 12-page judgment, the court clarified that the state enjoys discretion in granting licenses and no person holds an “absolute right” to be appointed as a registrar. Interpreting the statutory framework, Justice Krishna said that the phrase “it shall be lawful for the State Government to grant a license” empowers but does not obligate the government.
Rejecting the teachers’ argument that long years of service as registrars created a vested right for renewal, the court held:
“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.”
