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2020 Supreme(SC) 2

ARUN MISHRA, UDAY UMESH LALIT
Sk. Md. Rafique – Appellant
Versus
Managing Committee, Contai Rahamania High Madrasah – Respondent


Advocates Appeared:
For the parties :Kalyan Bandopadhyay, Khairul Alam, Rameshwar Prasad Goyal, Sarla Chandra, Zoheb Hossain, Kunal Chatterji, Abhijit Sengupta, Chanchal Kumar Ganguli, Soumitra Ghosh C., Khaurul Alam, Ranjan Mukherjee, M. R. Shamshad, Aditya Samaddar, Arijit Sarkar, Ms. Anita Kanungo, Zoheb Hossain, Ms. Adeeba Mujahid, Piyush Goyal, Vivek Gurnani, Abu Sohel, Atarup Bannerjee, Anindo Mukherjee, Sarla Chandra, Hiren Dasan, Chand Qureshi, N. K. Tripathi, Hemant Kushwaha, Kunal Chatterji, M. R. Shamshad, Abdul Azeem Kalebudde, Subhasish Bhowmick, Ms. Manisha Pandey, Mrigank Prabhakar, Dipak Kumar Jena, Ms. Minakshi Ghosh Jena, J. Das, Sandeep, S. K. Farid, Advocates

JUDGMENT

Uday Umesh Lalit, J.

1. These appeals arise out of the Judgment and Order dated 09.12.2015 passed by the Division Bench of the High Court [The High Court of Judicature at Calcutta] dismissing A.S.T. No.192 of 2014 and other connected matters and thereby affirming the decision of the Single Judge of the High Court passed on 12.03.2014 in Writ Petition No.20650 (W) of 2013 which in turn had found Sections 8, 10, 11 and 12 of the West Bengal Madrasah Service Commission Act, 2008 (“the Commission Act”, for short) to be ultra vires.

2. The aforementioned Writ Petition No.20650(W) of 2013 was filed by the Managing Committee of Contai Rahmania High Madrasah challenging validity of Sections 8, 10, 11 and 12 of the Commission Act submitting, inter alia, that by virtue of the provisions of the Commission Act, the process of appointment of teachers in an aided Madrasah, which was recognised as a minority institution, was taken over and entrusted to the Commission appointed under Section 4 of the Commission Act; and that the Commission was empowered under the provisions of the Commission Act to make recommendations which would be binding on the Managing Committee of an aided Madrasah. It


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