The executive power of the State under Article 154 of the Constitution cannot be delegated to a private body.

1. THIS Rule was obtained without any interim order on the 28th January, 1976 and even though the same was made ready as regards service on 26th May, 1977, there has neither been any opposition by the Respondents nor any appearance entered by or on their behalf.

2. THE Rule is directed against two orders in Annexure-D and G. The order in Annexure-D is dated 2nd February, 1973 and is a resolution reconstituting the West Bengal Madrasha Education Board (hereinafter referred to as the said Board) and the order in Annexure G is a proceeding of the said Board dated 18th December, 1975, whereby they have not recognized the Dwiporpar Sifatulla Senior Madrasha (hereinafter referred to as the said Madrasha), of which the petitioner Nos 1, 2 and 3 are the President, Vice President and the Secretary and petitioner Nos. 4 to 11 are the members of the Managing Committee.

It is the case of the petitioners that they are members of the Managing committee of the said Madrasha, which was established for the purpose of teaching and training boys and girls of the locality, within the sub-division of tufangang, District-Coochbehar in Islamic culture and religion. They have stated that the said Madrasha was started long before purely on private initiative of the local Muslims and the land on which the said Madrasha is situate belong to the said Madrasha and that apart, the said Madrasha have other lands, obtained through bonafide gifts and donations.

3. IT has been stated that Madrasha education in Bengal, is a very old system and the Calcutta Madrasha, which is one of the oldest institutions for imparting education in Arabic, Parsian and other languages, as well as for training students in Islamic culture and religion in general, was started in or about the year 1780 and the same is continuing even now with its high tradition and heritage. The petitioners have stated that before the partition of Bengal, a board known as Board of Control Examination, Bengal, was entrusted with the functions of the holding, controlling, regulating and guiding the examinations, held in the languages as mentioned above and for providing the curricular and standard there for. It has also been stated that different Madrashas functioning at relevant time, were required and obliged to abide by the terms of the Central Board as mentioned above.

4. IT is the case of the petitioners that after partition of Bengal, in or about 1948, for the purposes as afore said, West Bengal Madrasha Education Board was set up at Hooghly Madrasha in the District of Hooghly and subsequently, the office of the same was transferred to Calcutta and there for, the Board as mentioned above was constituted and re-constituted from time to time by resolutions or orders passed to that effect and adopted by the Government of West Bengal. It appears from the statements in the petition that there are three types of Madrasha viz., High Madrasha, Junior Madrasha and Senior Madrasha. These Madrasbas, according to the petitioners, come within the domain of the West Bengal madrasha Education Board and the said Madrasha, of which they are members, is a traditional Madrasha and therein the students are taught up to Alim standards, which is equivalent to School Final or Matriculation Examination. It appears that after Alim, in order to be qualified further in Islamic languages and culture, one has to get through Fazil Examination, which is equivalent to Graduation and still after that, one may further qualify himself by getting through the F. M. Examination which is equivalent to Masters Degree.

The petitioners have stated than in 1975 a special permission was given by the West Bengal Madrasha Education Board to the said Madrasha for the purpose of sending up candidates for alim Examination, held in 1975. Similarly, necessary permission was granted for the year 1976. It is the case of the petitioners that the success in such examinations by the candidate as sent by the said Board, was of considerable nat