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Calcutta High CourtWPA/18614/2021disposed

Md. Saiful Alam v. State Of West Bengal And ORS.

2021-12-15Hon'Ble Justice Amrita Sinha2 pages

W.P.A 18614 of 2021 Md. Saiful Alam vs The State of West Bengal & Ors.

Md. Sarwar Jahan Sk. Nayeemul Haque ...... for the petitioner Mr. Swapan Kumar Datta, Ld. AGP Mr. Tapas Kumar Mondal ...... for the State The petitioner seeks approval as Shiksha Court No. 24 15.12.2021 (Item No. 48) (AB) Samprasarak, Jirangacha Siddiquia Madhyamik Shiksha Kendra (Senior Madrasah Type).

The prayer of the petitioner was forwarded by the Director of Madrasah Education to the Joint Secretary to the Government of West Bengal, Minority Affairs and Madrasah Education Department by a communicating memo No. 1738-ME dated 14th September, 2012.

The petitioner submits that final decision is yet to be taken by the Minority Affairs and Madrasah Education Department.

As it appears that the prayer of the petitioner for being approved as Shiksha Samprasarak is pending consideration for a considerable period of time no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly disposed of by directing the respondent No. 2 being the Secretary of

the Minority Affairs and Madrasah Education Department to consider the prayer of the petitioner for being approved as Shiksha Samprasarak in Jirangacha Siddiquia Madhyamik Shiksha Kendra (Senior Madrasah Type) in accordance with law, at the earliest, but positively within a period of ten weeks from the date of communication of this order. The said respondent, if required, may consult the records of the concerned Madrasah and thereafter take a decision in the matter. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter. In the event the Secretary is of the opinion that the relief sort for by the petitioner can be granted, then necessary consequential steps shall be taken pursuant to the order passed by him.

As the writ petition is being disposed of without calling for any affidavit, the allegations made therein are deemed not to have been admitted by the respondents.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.

(Amrita Sinha, J.)