SK. MD. RAFIQUE Vs. MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH
LAWS(SC)-2020-1-1
SUPREME COURT OF INDIA
Decided on January 06,2020

Sk. Md. Rafique Appellant
VERSUS
Managing Committee, Contai Rahamania High Madrasah Respondents





Cited Judgements :-

ANAYA YOGESH PATKI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-8-75] [REFERRED TO]
STATE OF UTTAR PRADESH VS. PRINCIPAL ABHAY NANDAN INTER COLLEGE [LAWS(SC)-2021-9-93] [REFERRED TO]
SMT. RESHAM, D/O K. FARUK VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-1] [REFERRED TO]
KISAN VIDYA PRASARAK SANSTHA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-3-109] [REFERRED TO]
NAVODAYA MEDICAL COLLEGE VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-53] [REFERRED TO]
ARCHDIOCESAN BOARD OF EDUCATION VS. GOA UNIVERSITY [LAWS(BOM)-2022-6-31] [REFERRED TO]


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.
STATUTORY PROVISIONS

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