Muslim Personal Law does not recognise adoption: Bench

The bench was dealing with a writ plea filed by Syed Sarwar Ahmed. The petitioner challenged the order of the Central Administrative Tribunal (CAT), which refused a similar claim.

By Author  |   Legal Correspondent  |  Published: 5th Dec 2019  12:22 am
adoption

Hyderabad: A two-judge bench of the Telangana High Court, comprising Chief Justice Raghavendra Singh Chauhan and Justice A Abhishek Reddy, on Wednesday declared that there was no custom of adoption in Muslim Personal Law. The bench was dealing with a writ plea filed by Syed Sarwar Ahmed. The petitioner challenged the order of the Central Administrative Tribunal (CAT), which refused a similar claim. According to the petitioner, after the death of his adoptive father, he was entitled to be appointed as a Grameen Dak Sevak, on compassionate grounds. The Indian Postal Department rejected the claim. The CAT pointed out that he had failed to produce documents in proof of ceremony of adoption. The Division bench held: “Muslim law has no recognition to adoption”. The bench further pointed out that since Muslim Personal Law does not recognise adoption, performance of ceremony and proof thereof was irrelevant. It further held that compassionate appointment was not a matter of right, it is only an exception. The bench accordingly dismissed the writ plea.

Home Dept told to implement order

The same bench expressed its dissatisfaction over the inaction of the Home department in constituting a State Security Commission and Public Complaints Authority. It was dealing with a suo motu case against the Principal Secretaries to Home Departments of Telangana and Andhra Pradesh. Earlier, the court had directed the authorities to constitute State Security Commission and Public Complaints Authority as directed by the apex court by co-opting the Member Secretary of the State Legal Services Authority of the States concerned as Member of the State Security Commission and the Secretary of the District Legal Services Authority as a Member of the Police Complaints Authority at the district level at the earliest. The bench pointed out that the order has not been implemented even after one-and-a-half years. It directed the authorities to implement the order by December 30, failing which the authorities should appear in court on the next date of hearing.

TSPSC case adjourned

Justice Abhinand Kumar Shavali adjourned a batch of writ pleas relating to Group 2 service recruitment, notified in 2016. The writ petition was earlier challenged in the court. There were alleged irregularities with regard to ‘bubbling’ of various administrative details in the answer scripts. The Telangana State Public Service Commission (TSPSC) had also appointed a technical committee. While a single-judge had issued a series of directions based on a report of three senior advocates, the same was rejected by a division bench. The division bench directed that a revisit to the answer scripts shall only be based on the recommendations of the technical committee. The petitioners in the present batch argued that the final evaluation was contrary to the orders of the Division bench. They complained that even wrong and right answers were revisited by the TSPSC contrary to the recommendations of its own expert committee and the directions of the court. The bench adjourned the case to Monday.

Plea on merit list

Justice Abhinand Kumar Shavali directed the Telangana State Level Police Recruitment Board to report by Friday, whether software supported evaluation of papers without affecting normalisation. Candidates aspiring for constable posts questioned the action of the board in not publishing the provisional general merit list of all the candidates and reserved community and district-wise merit lists. They complained that publishing only impugned provisional selection list published earlier in September and undertaking selection process to the post of Stipendiary Cadet Trainee Police Constable-Civil and Stipendiary Cadet Trainee Police Constable Armed Reserve were arbitrary and violative of the notification issued in May 2018. They also said applying normalisation procedure/formula among the same gender group was disturbing the relative merit of each candidate within their gender group as well as men and women. The petitioners urged the court to set aside the list published in September and to direct the authorities to reevaluate and publish the merit list without applying normalisation. The judge adjourned the case to Friday.


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