MANAGING COMMITTEE Vs. STATE OF WEST BENGAL
LAWS(SC)-2020-3-61
SUPREME COURT OF INDIA
Decided on March 18,2020

MANAGING COMMITTEE Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (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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