IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE BEFORE:

The Hon’ble Justice Soumen Sen And The Hon’ble Justice Apurba Sinha Ray MAT 1113 of 2025 CAN 1 of 2025 Jakir Hossain Mondal & Ors.

Vs.

The State of West Bengal & Ors.

With MAT 1114 of 2025 CAN 1 of 2025 Md. Habil & Ors.

Vs.

The State of West Bengal & Ors.

With MAT 1135 of 2025 CAN 1 of 2025 Manab Mandal & Ors.

Vs.

The State of West Bengal & Ors.

With MAT 1162 of 2025 CAN 1 of 2025 Jayanta Sardar & Ors.

Vs.

The State of West Bengal & Ors.

For the Appellants : Mr. Soumya Majumder, Sr. Adv., (in MAT 1113 of 2025) Mr. Vishak Bhattacharya, Adv., Ms. Ruchira Chatterjee, Adv., Ms. Biyanka Bhattacharya, Adv.

For the West Bengal : Mr. Pratik Dhar, Sr. Adv., Madrasah Service Mr. Prosenjit Mukherjee, Adv., Commission Ms. Madhurima Sarkar, Adv.

For the Appellants : Mr. Soumya Majumder, Sr. Adv., (in MAT 1114 of 2025) Mr. Anindya Bose, Adv., Mr. Golam Mohiuddin, Adv., Mr. Mridul Biswas, Adv.

For the Appellants : Mr. Firdous Samim, Adv., (in MAT 1135 of 2025) Ms. Gopa Biswas, Adv., Mr. Mainak Ghosal, Adv., Mr. H.Z. Molla, Adv., Ms. Rajashree Saha, Adv.

For the State : Mr. Swapan Banerjee, Ld. AGP, (in MAT 1135 of 2025) Ms. Sumita Shaw, Adv., Mr. Soumen Chatterjee, Adv.

For the Appellants : Mr. Partha Sarathi Bhattacharya, Sr. Adv., (in MAT 1162 of 2025) Mr. Anindya Bose, Adv., Mr. Golam Mohiuddin, Adv., Mr. Mridul Biswas, Adv.

For the State : Mr. Biswabrata Basu Mallick, Ld. A.G.P., (in MAT 1162 of 2025) Mr. Tamal Taru Panda, Adv. For the Appellants : Mr. Anindya Mitra, Sr. Adv.

(Added respondent) Mr. Uday Sankar Chattopadhyay, Adv., CAN 2 of 2025 Ms. Bidisha Chakraborty, Adv.

For the Appellants : Mr. Bikash Ranjan Bhattacharya, Sr. Adv.

(Added respondents) Mr. Suman Sankar Chatterjee, Adv., CAN 3 of 2025 Mr. Pronay Basak, Adv.

Hearing concluded on : 26th August, 2025 Judgment on : 10^th September, 2025 Soumen Sen, J:

1. The appellants are aggrieved by the common judgment and order passed by the learned Single Judge on 16^th July, 2025 whereby the challenge to the notices dated 5^th August, 2024 and 9^th August, 2024 issued by the West Bengal Madrasah Service Commission (in short „WBMSC‟) had failed. The writ petitions were dismissed. Those writ petitions were heard along with the petitions filed by the interveners in this proceeding. The writ petitions filed by the interveners being WPA No.845 of 2025 and WPA No.1436 of 2025 before the learned Single Judge were allowed.

2. All the writ petitions were heard together and disposed of by the common judgment. In the writ petitions filed by the interveners the grievance was that the WBMSC was delaying the process in completing the recruitment process.

3. Before we advert to the submissions made on behalf of the WBMSC, we briefly narrate the facts which are as follows:

4. In or about 27th March, 2010, an advertisement was issued by the WBMSC in respect of the examination of 1st SLST (NT) Group-D. On 12^th November, 2010, the Government of West Bengal Minority Affairs and Madrasah Education Department prepared and published a Rule, namely, West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of Persons for Appointment and Transfer to the post of Teacher & Non-Teaching Staff) Rules, 2010 (hereby referred to as „Recruitment Rules, 2010‟). The recruitment process for the 1st SLST was to be held in three sessions and 1,43,303 candidates participated in the said examination. On 29^th May, 2011, the written examination was held for 26,445 candidates after they were successful in the preliminary screening examination. During the pendency of the said selection process, the writ petition being WP 20650(W) of 2013 was filed on 12^th March, 2014 challenging some of the sections of the West Bengal Madrasah Service Commission Act, 2008. On 12th March, 2014, the learned Single Judge by a judgment declared Sections 8, 10, 11 and 12 of the West Bengal Madrasah Service Commission Act, 2008 as ultra vires Article 30 of the Constitution of