The Managing Committee Contai Rahamani High Madrasah v. The State Of West Bengal

93-96 31.01.2023 Sc Ct. no.22 WPA 21157 OF 2022 -------- The Managing Committee Contai Rahamania High Madrasah (H.S.) & Anr.

Vs.

The State of West Bengal & Ors.

with WPA 23314 OF 2022 with I.A. No. CAN 1 OF 2022 -------- The Managing Committee Contai Rahamania High Madrasah (H.S.) & Anr.

Vs.

The State of West Bengal & Ors.

with WPA 25858 OF 2022 -------- (File not here) The Managing Committee Contai Rahamania High Madrasah (H.S.) & Anr.

Vs.

The State of West Bengal & Ors.

with WPA 28598 OF 2022 -------- The Managing Committee Contai Rahamania High Madrasah (H.S.) & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Soumen Kumar Dutta Mr. Partha Sarathi Basu Mr. Biswaroop Bhattacharya.

.... For the petitioners

Mr. Partha Sarathi Deb Barman Mr. Anindya Sundar Das Mr. Shaunak Ghosh Ms. Debangana Dey.

.... For the petitioners in WPA 28598 of 2022 Mr. Taleh Masood Siddiqui Mr. Nadeem Sulaiman Ms. Sunita Guha.

.... For the Madrasah Board Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee.

.... For the State in WPA 25858 of 2022 Mr. Naba Kr. Das Mr. Sutanu Chakraborty.

.... For the State in WPA 23314 of 2022 Ms. Chaitali Bhattacharya Mr. Kartick Ch. Kapas.

.... For the State in WPA 28598 of 2022 Mr. Prosenjit Mukherjee ....For the Madrasah Service Commission Affidavit-of-service, filed today in Court by Mr. Soumen Kr. Dutta, learned advocate is taken on record. Mr. Arindam Chattopadhyay, learned advocate appearing for the respondent nos. 1 to 4 in WPA 25858 of 2022 filed his clients' affidavit-in-opposition affirmed on January 13, 2023, the same is taken on record. A copy has been served upon the writ petitioner. Learned counsel appearing for parties submitted that the issues involved in this series of writ petitions can be considered after the decision comes from the Hon'ble Supreme Court on the issue relating to the appointment of teaching and non-teaching staff of several madrasahs. This Court is informed that the matter is

fixed before the Hon'ble Supreme Court for final decision on February 2, 2023.

The parties hereto meanwhile wish to file and exchange their respective affidavits.

In view of the above, the respondents in each of these writ petitions shall file their respective affidavits-inopposition on or before February 14, 2023 upon copies being served on the respective writ petitioners. Affidavitin-reply, if any thereto, shall be filed on or before February 24, 2023.

ACO The writ petitions shall appear under the heading "For Hearing" in the Combined Monthly List of March, 2023.

On the prayer made on behalf of the West Bengal Madrasah Service Commission, Mr. Prosenjit Mukherjee, learned advocate, the said State authority, viz., the West Bengal Madrasah Service Commission is impleaded as a party respondent in each of these writ petitions. The West Bengal Board of Madrasah Education is also directed to be impleaded as a party respondent in the writ petitions where it is not impleaded.

The learned advocates on record for the writ petitioners is directed to cause necessary impleadment by putting their signatures in the cause-title of each the writ petitions and serve a copy of each of such amended writ petitions upon the said West Bengal

Madrasah Service Commission and the West Bengal Board of Madrasah Education, if not serve earlier. The added respondents shall also file their respective affidavits-in-opposition following the directions made above on or before February 14, 2023.

The writ petitioners will be at liberty to file their reply to such affidavits-in-opposition following directions made above on or before February 24, 2023. A copy of I.A. CAN 1 of 2022 filed in WPA 23314 of 2022 is directed to be served upon Mr. Soumen Kr. Dutta, learned counsel for the petitioners and the petitioners shall be at liberty to file their affidavits-inopposition to this application by February 14, 2023 and the applicant shall be at liberty to file affidavit-in-reply thereto, if any, on or before February 24, 2023. Let a copy of this order be placed in the records of each of these writ petitions.

(Aniruddha Roy, J.)