Kantirpa N K Sr Madrasah (Fazil) & ANR v. State Of West Bengal & ORS
24.08.2023 Item No. 8 Crt.No.22 b.r. WPA 9653 of 2018 CAN 5182 of 2018 Kantirpa N.K. Sr. Madrasah (Fazil) & Anr.
-vsThe State of West Bengal & Ors.
Mr. Prosenjit Mukherjee Mr. Nirmalya Kumar Das Ms. Madhurima Sarkar ..... for the petitioners Mr. Nadeem Suleman .... For the Madrasah Board.
The previous order speaks for itself.
Today, the writ petition appeared under the heading "For Dismissal".
Mr.
Prosenjit Mukherjee, learned advocate appears for the petitioners.
Mr. Nadeem Suleman, learned advocate appears for the respondent no. 4.
At the invitation of the petitioners and on the suggestion of the parties, this order is being passed. Challenging a selection process, in respect of Kantirpa N.K. Sr. Madrasah (Fazil), District- Uttar Dinajpur this writ petition. An interim order was passed on September 14, 2018 in this writ petition by a co-ordinate Bench, inter alia, observing as follows :- " Accordingly, the operation of the Annexure P/8 for the reasons mentioned in
my order dated July 16, 2018 shall remain stayed subject to the result of the writ petition and the proceedings before the Hon'ble Supreme Court."
Learned advocate for both the parties appearing today submit that the proceeding before the Hon'ble Supreme Court challenging the vires of the West Bengal Madrasah Service Commission Act, 2008 has reached its finality by a judgement and order dated January 6, 2020 passed by the Hon'ble Supreme Court holding the relevant Act to be intra vires.
In view of the above, learned advocate for the parties submit that no further cause survives in this writ petition, save and except that the selection process of the relevant Madrasah in terms of the advertisement dated June 18, 2018 as mentioned in prayer 'e' to the writ petition will have to take place strictly in compliance with the provisions of the said Act of 2008.
With the above observation, this writ petition WPA 9653 of 2018 stands disposed of without any order as to costs.
(Aniruddha Roy, J.)