SK. MD. RAFIQUE Vs. MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH
SUPREME COURT OF INDIA
Sk. Md. Rafique
Managing Committee, Contai Rahamania High Madrasah
Click here to view full judgement.
UDAY UMESH LALIT, J. -
(1.)These appeals arise out of the Judgment and Order dated 09.12.2015 passed by the Division Bench of the High Court 1 dismissing A.S.T. No.192 of 2014 and other connected matters and thereby affirming
the decision of the Single Judge of the High Court passed on 12.03.2014 in
Writ Petition No.20650 (W) of 2013 which in turn had found Sections 8, 10, 11 and 12 of the West Bengal Madrasah Service Commission Act, 2008 ("the Commission Act", for short) to be ultra vires.
(2.)The aforementioned Writ Petition No.20650(W) of 2013 was filed by the Managing Committee of Contai Rahmania High Madrasah
challenging validity of Sections 8, 10, 11 and 12 of the Commission Act
submitting, inter alia, that by virtue of the provisions of the Commission
Act, the process of appointment of teachers in an aided Madrasah, which
was recognised as a minority institution, was taken over and entrusted to
the Commission appointed under Section 4 of the Commission Act; and
that the Commission was empowered under the provisions of the
Commission Act to make recommendations which would be binding on the
Managing Committee of an aided Madrasah. It was submitted that the
provisions of the Commission Act transgressed upon the rights of a
minority institution of choosing its own teachers. The submission was
accepted by the Single Judge of the High Court and the Writ Petition was
allowed. Aggrieved, some of the candidates, including the Appellant
herein, whose names were recommended by the Commission to be
appointed as teachers in aided Madrasahs, filed appeal being A.S.T. No.
192 of 2014 before the Division Bench of the High Court. C.A.N. No. 3078 of 2014 was filed by the Secretary, West Bengal Madrasah Service Commission while M.A.T. No. 473 of 2014 was filed by State of West
Bengal challenging the very same decision of the Single Judge. All the
appeals were dismissed by the Division Bench while affirming the view
taken by the Single Judge.
(3.)The decisions of the Single Judge and the Division Bench have given rise to the present set of Appeals wherein number of Intervention
Applications have also been filed.
Copyright © Regent Computronics Pvt.Ltd.