Abdul Khalek Visti & ORS v. State Of West Bengal & ORS

W.P.A. 241 of 2020 (via video conference) Abdul Khalek Visti & Ors.

VS The State of West Bengal & Ors.

Mr. Ramdulal Manna Mr. Mukteswar Maity ........... For the petitioners Mr. Nadeem Sulaiman ....... For Madrasah Board The petitioners are aggrieved by the impugned Court No. 24 16.12.2021 (Item No. 19) (AB) order bearing memo No. 322A-ME dated 26th March, 2019 passed by the Director of Madrasah Education West Bengal whereby the prayer of the petitioners for being approved as organizing staff of the Madrasah stood rejected.

According to the petitioners, they were appointed as re-organizing teachers of the Madrasah by the Managing Committee of the school.

There is nothing on record to show that the petitioners were engaged by a validly constituted Managing Committee.

The Director of Madrasah Education considered the matter in compliance of the order passed by this Court and have come to a specific finding that from records it appears that none of the petitioner's names appeared in the DLIT report which was submitted at the time of recognition. It has further been recorded in the impugned order that the petitioners were not at all the organizing staff of the

Madrasah at the time of recognition. Accordingly the prayer of the petitioners for approval of appointment stood rejected.

The Madrasah in question is presently running with roll strength of 553 students with ten teachers. In the event the respondent authorities feel that fresh teachers are to be recruited, then steps shall be taken by the respondent authorities in accordance with law for appointment of teachers.

The prayer of the petitioners for approval of their appointment as re-organizing teachers cannot be accepted by the Court.

The writ petition fails and is hereby dismissed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Amrita Sinha, J.)