The Managing Committee Of Sukhimon Senior Madrasah And ORS. v. State Of West Bengal And ORS.

04.02.2026 Sl. No.32 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/27758/2025 THE MANAGING COMMITTEE OF SUKHIMON SENIOR MADRASAH AND ORS.

VS STATE OF WEST BENGAL AND ORS.

Mr. Golam Mastafa Mr. T.S. Samanta ...for the Petitioners.

Mr. K.J. Yusuf Mr. Pradyot Kr. Das ...for the State.

Mr. Nadeem Sulaiman Mr. Mijanul Kabir ...for Madrasah Board.

1.

Affidavit of service filed on behalf of the petitioners is taken on record.

2.

By the present writ petition the petitioners seek direction upon the respondent authorities particularly respondent nos.3 and 4 to consider the prayer of the petitioners and grant recognition to the Madrasah as an unaided Madrasah at the earliest.

3.

The petitioner contends that the petitioners no.1, 2 and 4 are the office bearers of the Managing Committee of Sukhimon Senior Madrasah and the petitioner no.3 is the Headmaster of the said Madrasah. The said institution was established in the year 2005 and has been running since then without government assistance. Pursuant to Government Policy, the

petitioners filed an application for recognition of Madrasah as an unaided Madrasah in prescribed proforma (Form No.1). However, the same is still pending consideration. Hence this writ petition. 4.

Mr. Golam Mastafa, learned advocate for the petitioners submits that the West Bengal Board of Madrasah Education be directed to consider the prayer of the petitioners for granting recognition to the Madrasah as an unaided Madrasah.

5.

Mr. Nadeem Sulaiman, learned advocate appearing for West Bengal Board of Madrasah Education referring West Bengal Board of Madrasah Education Notification No.5050 dated 22nd February, 2011 submits that the filing of an application does not confer any right of inspection or recognition. However, he leaves the matter to the discretion of the court.

6.

Admittedly the petitioners filed an application before the respondent no.3, West Bengal Board of Madrasah Education for grant of recognition of Madrasah as an unaided Madrasah in prescribed proforma (Form No.1) which is pending consideration.

7.

Accordingly, respondent no.3, West Bengal Board of Madrasah Education is directed to consider the aforesaid application submitted by the petitioners for grant of recognition of Madrasah as an unaided Madrasah and dispose of the same by passing a reasoned order in accordance with law upon notice to

the petitioner within a period of three months from the date of communication of this order.

8.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.3, West Bengal Board of Madrasah Education for necessary action.

9.

With the aforesaid directions, the writ petition being WPA 27758 of 2025 is disposed of.

10.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11.

Interim order, if any, stands vacated.

12.

All connected applications, if any, stand disposed of. 13.

There shall be no order as to costs.

14.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)