Sahidullah Munshi, J. - (1.) This writ petition has been filed by the so-called Secretary, President and Headmaster of a Senior Madrasah. It is the case of the writ petitioners that Madrasah was set up by the villagers of Birnagar and established on the land being plot no.450 within Mouza Birnagar, P.S. Itahar, District Uttar Dinajpur. The Managing Committee was constituted of the petitioner no.1 as the Secretary, petitioner no.2 as the President and petitioner no.3 as the President, i.e., Headmaster of the Institution. According to the petitioner, the Madrasah is supposed to be governed by the West Bengal Madrasah Education Act, 1994. After establishment of the said Madrasah, the Managing Committee made an application for recognition and in due course the Madrasah at Birnagar was recognized by the Madrasah Board vide Memo No.550/BNA/13 dated 16th April 2013 as an unaided Senior Madrasah (Co-education) with certain terms and conditions. The letter of recognition issued by the West Bengal Board of Madrasah Education on 16th April, 2013 has been brought on record being Annexure P-1 to the writ petition. One of the terms embodied in the said order of recognition is that the Managing Committee was to be reconstituted within one year as prescribed under the Management of recognised non-Government Madrasah (Aided and Unaided) Rules, 2002 or as prescribed by the Board.
(2.) According to the petitioner, while the said Madrasah was functioning well at Birnagar, the respondent nos.5 and 6, for their personal gain, were making attempt to run the said Madrasah at village Kashimpur and were taking steps for shifting the place from Birnagar to Kashimpur at a distance of about 16 kilometers from the present venue. While such attempt for shifting of venue of the Madrasah was in progress, a writ petition being W.P. No.29671 (W) of 2005 was moved before this Hon'ble Court but, during the pendency of the said writ petition and when it was taken up for hearing before a learned Single Judge of this Hon'ble Court in course of hearing, the learned advocate appearing for the respondent nos. 5 and 6 disclosed that by a Memorandum dated 3rd November, 2015, the Board had already approved the proposal for change of venue. Copy of the said Memo dated 3rd November, 2015 has been annexed to the writ petition being Annexure P-8 at page 40. Letter dated 3rd November, 2015 is the subject-matter of challenge in this writ petition. The earlier writ petition was dismissed as infructuous with liberty to the petitioners to challenge the Memo dated 3rd November, 2015 and hence the present writ petition.
(3.) The subject-matter of challenge in the present writ petition is the said letter dated 3rd November, 2015 issued by the Madrasah Education Board. From the impugned Memo it appears that the same has been addressed to Golam Rabbani, the respondent no.5 and by the order impugned the Secretary, West Bengal Board of Madrasah Education informed the respondent no.6 that the proposal for shifting of B.K.N.T. Senior Madrasah had been approved to shift it at village Kashimpur, Post Office Marnai, District Uttar Dinajpur. Petitioners' grievance in this writ petition is two fold: (i) That, although, the petitioners are affected by the decision of the Board, no opportunity has been given to them before taking the impugned decision as communicated through the impugned letter dated 3rd November, 2015; (ii) The petitioners were in the Managing Committee before the Madrasah was recognized and, therefore, without their consent and/or proposal, the Madrasah Authority ought not to have shifted the venue of the said Madrasah. Madrasah Board has no authority to take any decision for shifting of the said Madrasah without approval of the State Government.;