MANAGING COMMITTEE Vs. STATE OF WEST BENGAL
SUPREME COURT OF INDIA
STATE OF WEST BENGAL
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(1.)The petitioners challenge the orders passed by the Division Bench of the High Court of Calcutta dated 19.2.2020
thereby dismissing the appeals filed by the petitioners, which,
in turn, were filed by them being aggrieved by the orders
passed by the single judge of the High Court dated
24.12.2019 vide which the writ petitions filed by the petitioners came to be rejected.
(2.)Dr. Rajeev Dhavan, learned Senior Counsel appearing on behalf of the petitioners, submits, that the
single judge of the High Court erred in directing appointment
of an Administrator.
(3.)Undisputedly, the petitioners Managing Committees came to be elected in the year 2015 and, that the
term of the said Managing Committees came to an end in the
year 2018. Under subrule (11) of Rule 5 of the Management
of recognised NonGovernment Madrasahs (Aided and
Unaided) Rules, 2002 (hereinafter referred to as "the said
Rules"), if the Head of the Madrasah fails or neglects to
convene the meeting for the purpose of approving the election
programme for holding of an election for constitution or
reconstitution of the Committee, the District Inspector of
Schools is entitled to entrust all works pertaining to the
election to the Assistant Headmaster/Assistant
Superintendent and, if there is no Assistant
Headmaster/Assistant Superintendent available, to the
seniormost approved Assistant Teacher of the Madrasah.
Under Rule 8 of the said Rules, the Madrasah Board
is also entitled to appoint an Administrator.
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