Arijit Banerjee, J. - (1.) In this writ application the petitioner challenges a memo dated 8 February, 2014 issued by the District Inspector of Schools (SE), South 24 Parganas (respondent no. 5), the operative portion whereof reads as follows:- "After perused through the relevant papers and documents of the said Madrasah, the undersigned is also of the opinion of not regularizing the petitioner as because the quota of organizing staff were duly fulfilled at that point of time when the Madrasah was upgraded. The liability of excess appointment of organizing staff should not be borne by the Government by paying public exchequer. In the light of the above observations, facts and circumstances the undersigned rejects the plea of the petitioner as it is against the prevailing rules and regulations at the material point of time as well as ultra vires with regards to the orders passed by Hon'ble Supreme Court of India and Hon'ble High Court of Calcutta. All concerns are being informed accordingly." The petitioner prays for quashing of the said memo and for a direction on the respondents to absorb him in the post of assistant teacher in language group in Bishalaxmipur Puna Saha Mostania High Madrasah (in short 'the said Madrasah').
(2.) The said Madrasah was recognized by the Madrasah Education Board (in short 'the Board') with effect from 1 January, 1971 with permission to teach up to Class-VIII. Subsequently, in 1975 the Management of the said Madrasah applied to the Board for its upgradation as High Madrasah. In view of the Board's refusal to grant such recognition as High Madrasah, the Management initiated legal proceedings. Ultimately, in terms of orders passed by the Court, the Secretary of the Board by his memo dated 10 December, 1991 granted provisional recognition to the said Madrasah as Class-X Madrasah, but no approval was given by the Board or the District Inspector (in short DI) of Schools with regard to the teaching and non-teaching staff of the said Madrasah. In the meantime, on 16 April, 1984 the petitioner was appointed as an assistant (organizer) teacher of the said Madrasah with effect from 1 May, 1984.
(3.) In view of the authorities not granting approval in respect of the teaching and non-teaching staff of the said Madrasah in spite of granting it provisional recognition as High Madrasah, the Management of the said Madrasah filed a writ petition being CO No. 12099(W) of 1992. The writ petition was disposed of with a direction upon the Secretary of the Board to approve the newly elected Managing Committee and also with a direction on the DI of Schools to forward a copy of his report dated 25 November, 1994 as regards the functioning of the said Madrasah to the Board with comments for according approval in favour of 24 teaching and non-teaching staff of the said Madrasah (including the writ petitioner).;