Sk Salim v. State Of West Bengal And ORS.

24.12.2020.

Item no. 23.

Court No.13 ap W.P.A. No. 10863 of 2020 Sk. Salim

Versus

The State of West Bengal & Ors.

Mr. Kaustav Chandra Das, Sk. Sahjahan Ali.

..for the petitioner.

Mr. Subhrangsu Panda.

...for the State.

Mr. Prosenjit Mukherjee, Mr. Nirmalya Das, Ms. Madhurima Sarkar.

...For the Madrasah Service Commission.

Affidavit-of-service filed in Court today be kept with the record.

The writ petitioner applied for transfer under the Scheme of 2013 and chose Sitapur Endowment Senior Madrasah in the district of Hooghly. This happened on 2nd December, 2020.

However, it transpires from the records of the Commission that another candidate, being the private respondent no.5, has already been counseled and posted to teach in the Madrasah in the year 2018. This Court appreciates the offer of the Commission's Counsel, Mr. Prosenjit Mukherjee. He has suggested that both, the private respondent's representations to be accommodated in another Madrasah as well as the petitioner's desire of joining the Sitapur Endowment Senior Madrasah, shall be

considered on a convenient date by the Secretary of the Madrasah Service Commission.

Let such consideration be effected on 27th December, 2020 at about 3:00 P.M. when the petitioner and the private respondent no.5 carrying all their documents, shall meet the Secretary Madrasah Service Commission. On such date, the Secretary, Madrasah Service Commission shall take a final decision on the request of the writ petitioner as also the representation of the private respondent no.5 dated 11th December, 2020.

It is understood that the Madrasah Service Commission shall not recommend anybody else to the Sitapur Endowment Senior Madrasah, in the meantime.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)