- Item No.16-A to schedule — Interim Constitution Act, 1974 —Fundamental right No.17 — right to the service — appointment against the post of Mohallam-ul-Qur’an — High Court held that female candidate cannot compete for the post — as she cannot be an Imam. Held: the finding that female candidates cannot apply under rules is against the fundamental right No.17. The name of post is Mohallam-ul-Qur’an — word Mohallam-ul-Qur’an means teacher — Mohallam-ul-Qur’an means a teacher who teaches the Quran and not the Imam. Imam Masjid and Mohallam-ul-Qur’an are two different terms. The word ‘Mohallam-ul-Qur’an in rules is not used only for men. Held: female candidate may compete for the post. Molvi Abdul Latif Qari & 366 others v. Azad Govt. & 43 others 2014 SCR 1104 (F)
- Item No. 16-A of the Schedule to Rules — Appointments against the post of Mohallam-ul-Qur’an (B-1) — Notification of appointments dated 6.8.2011 without framing of rules for the post, without advertising the post and without conducting test & Interview — challenge to — Item No.16-A in the Schedule of the Rules where the mode of appointment of Mohallum-ul-Qur’an — post has to filled in a prescribed manner — available post shall be filled in after advertising the same, after conducting test and interview and the appointments of the relevant Selection Committee/Board. Held: In the light of clear statutory provisions, the notification dated 6th August, 2011, whereby 403 persons were appointed in BPS-1 without framing the rules, advertising the posts, without conducting the test and interview and without recommendations of the Selection Board or Authority, is not maintainable. Molvi Abdul Latif Qari v. Azad Govt. 2014 SCR 1104 (C)
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