- (1.) The principal issue involved in the writ petition, though short, is of immense significance, not only from the constitutional point of view but also in a larger socio-economic perspective: whether the right of a minority to establish and administer an institution is compromised by any legislation which tends to take away the right of appointing teachers of the institution or whether this right can be taken away by the state by adopting a legislative procedure claimed to uplift the status of the said community. Inextricably entwined with it is a remoter but inescapable question: whether a constitutional provision or for that matter a fundamental right can ever be held to run against the interest of the community so that any regulatory legislation is permissible interfering with the said freedom.
(2.) Contai Rahamania High Madrasah was initially recognized as a X class High Madrasah by the West Bengal Board of Secondary Education. Thereafter, it was upgraded as a Senior High Madrasah with effect from the academic session 2001-02.
(3.) By a notification, dated October 12, 2007 Government of West Bengal recognized all Madrasahs in West Bengal as minority institutions and the concerned Madrasah was also accordingly declared as a minority institution in pursuance of Article 30 of the Constitution of India. The petitioners contend that in terms of Article 30 of the Constitution the Madrasahs have a right to enjoy certain benefits including the right to select and appoint its teaching and non-teaching staff and to administer the same according to its own choice.;