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2023 Supreme(SC) 730

S. RAVINDRA BHAT, DIPANKAR DATTA
Snehasis Giri – Appellant
Versus
Subhasis Mitra – Respondent


JUDGMENT :

S. Ravindra Bhat, J.

1. Leave granted in SLP(C) No. 3352 of 2021. Permission to file Contempt Petitions in Civil Appeal No. 5808/2017 is granted. These are taken along with the remaining above-mentioned Contempt Petitions.

2. This order will dispose of several contempt petitions which complained of willful and deliberate violation of judgment of this Court in Shaikh Md. Rafique v. Managing Committee, Conti Rahamania High Madrasah & Ors., 2020 (6) SCC 689. This court had to consider the correctness of the view expressed by the Calcutta High Court which held that some provisions of the West Bengal Madrasa Service Commission Act, 2008 (hereafter, "the Act") was unconstitutional. Those provisions regulated the process of appointment of teachers in aided Madrasas which were recognized as minority institutions. This court recorded its finding that the provisions in question, i.e., Sections 8, 10, 11 & 12 of the Act were valid and constitutional. At the same time the court was conscious that some appointments were made by the madrasas during the pendency of the appeals and held as follows :

    “58. In the end, we declare all nominations made by the Commission in pursuance of the provi

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