Arijit Banerjee, J. - (1.) A memo dated 23 October 2013 issued by the Director of Madrasah Education, West Bengal, is under challenge in the present writ application. By the said memo, the application of the petitioner for being recognized as an aided Madrasah has been rejected.
(2.) Learned Counsel for the petitioner has challenged the said memo on two grounds. Firstly, she submitted that the reliance by the Director of Madrasah Education, being the respondent no. 2, on the MA & ME Department's memo no. 771(3)-MD dated 2 May, 2013 is misplaced since the petitioner did not request for conversion. The petitioner's request was for recognition and hence, the said memo dated 2 May, 2013 has no application. Secondly, learned Counsel contended that reliance on G.O. No 1802-MD/O/5M-34/13 dated 7 October, 2013 is also misplaced since the petitioner applied for recognition in December, 2009 and hence, the said G.O. dated 7 October, 2013 cannot have any manner of application in so far as the petitioner's case is concerned. The said G.O. dated 7 October, 2013 cannot have retrospective operation and was not relevant for the purpose of deciding the petitioner's application for recognition.
(3.) Learned Counsel submitted that the petitioner applied for recognition on 30 December, 2009. The District Level Inspection Team (in short 'DLIT') submitted its report dated 14 September, 2010. The report was a very favourable report. On 15 September, 2010 the petitioner submitted the requisite documents. Learned Counsel referred to a memo dated 15 December, 2009 bearing No. 130-JS(MD)/09. The said memo provides guidelines for recognition of organized unrecognized Madrasahs. The criteria and conditions have been laid down in the said memo. Learned Counsel submitted that the petitioner applied pursuant to this memo and complied with all steps. The authorities sat tight over the matter for an inordinately long time and cannot now take recourse to a memo that was issued four years after the application for rejecting the petitioner's application.;