Md. Nurul Islam v. The State Of West Bengal And ORS.

20-12-2022 ct no. 22 Sl.64 sp WPA 26975 of 2022 Md. Nurul Islam -VersusThe State of West Bengal & Ors.

Sk. Humayan Reza ...for the petitioner Mr. Bhaskar Prasad Vaisya, Mr. Suman Dey ...for the State Affidavit of service filed in Court today, is taken on record.

The petitioner is the Secretary of LK Madrasah Siksha Kendra, District - Birbhum. On November 23, 2015, a representation was submitted before the respondent no.3 with a prayer for upgradation of the candidates from the post of Non-teaching staff to Siksha Samprasarak. The said representation is still pending for consideration.

Mr. Suman Dey, learned advocate appearing for the respondents.

Considering the facts pleaded in the writ petition and the submission made on behalf of the petitioner and also upon perusal of the materials on record, to subserve justice, the respondent no. 3 is directed to consider the said representation of the relevant Madrasah authority dated November 23,

2015, Annexure P-1 to the writ petition upon giving at least 7 days prior hearing notice to the petitioner and after giving him an opportunity of hearing, shall decide the issue with the reasoned order/decision. The entire exercise as directed above, shall be carried and out completed by the respondent no.3 positively within a period of 6 weeks from the date of communication of a copy of this order by the petitioner.

The respondent no.3 shall communicate its reasoned decision to the petitioner within a further period of 2 weeks from the date of the said reasoned order to be passed.

It is made clear that this Court has not gone into the merit of the claim of the petitioner in any manner. All points are kept open to the petitioner to urge before the respondent no.3 by relying upon whatever records and documents give wishes to rely upon.

Since the affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

In the event, the reasoned decision goes in favour of the petitioner, the relevant authority shall take all further and consequential steps as expeditiously as possible.

It is further made clear that this order shall not create any equity or right in favour of the

petitioner and/or the relevant Madrasah, if it is not eligible to receive its claim strictly in accordance with law.

On the above terms, this writ petition, W.P.A. 26975 of 2022 stands disposed of without any order as to costs.

(Aniruddha Roy, J.)