IN THE HIGH COURT OF JUDICATURE AT CALCUTTA SPECIAL CIVIL JURISDICTION APPELLATE SIDE RESERVED ON: 25.04.2025 DELIVERED ON:16.05.2025 THE HON’BLE MR. JUSTICE REETOBROTO KUMAR MITRA WPCRC 18195 OF 2000 IN WPA 21325 OF 1999 MD. ALAUDDIN MOLLA - VERSUS –

MD. ABDUR RAJAK MOLLA AND ORS.

Appearance:

Mr. Prabir Banerjee. ….. for the Petitioner Mr. Tapan Kumar Mukherjee, Ld. AGP.

Mr. Shamim Ul Bari , Adv.

Mr. Suman Dey, Adv. ….. for the alleged Contemnor Reetobroto Kumar Mitra, J.:

1. This petition has been filed for the alleged non-compliance of directions contained in the order dated 22nd December, 1999 passed by a learned Single Judge of this Hon’ble Court.

2. This proceeding has had a chequered history.

3. A brief enunciation of the facts is relevant to appreciate the present application. 4. The petitioner was appointed as an Assistant Teacher in the Dahakanda Siddiquia Junior High Madrasah (hereinafter Madrasah) sometime on 1st March, 1982 by the Managing Committee of the said Madrasah. The petitioner has been working as an Assistant Teacher since his date of appointment. The Madrasah had thereafter been placed under the management of an Administrator by the Board. The Sub-inspector of School, Mathurapur West Circle, was appointed as the Administrator. By a letter dated 6th April, 1992, the said Administrator had also appointed or at least accepted the petitioner as an Assistant Teacher of the Madrasah.

5. The school had thereafter fallen into difficult times, as the roll of the school diminished drastically, resulting in the District Inspector of Schools on 22nd February, 1995 vide his Memo No. 100/1(3) transferring three of the teachers, including the Head Master, along with their posts to various other schools in the vicinity. This left the said Madrasah with only two sanctioned posts of Assistant Teacher.

6. Sometime in 1995, the administrator was replaced by an Ad hoc Committee to manage the affairs of the Madrasah. The Ad hoc Committee was appointed by the West Bengal Madrasah Education Board.

7. The petitioner continued as an Assistant Teacher in the Madrasah teaching Social Sciences.

8. The petitioner applied for regularisation of his appointment to the post of Assistant Teacher, which was not granted.

9. It was in these circumstances, that the petitioner filed a Writ Petition being WP 76 of 1997, challenging the District Inspector of School’s refusal to recommend the regularization of the petitioner. Interestingly, the transfer of three teachers of the Madrasah along with their posts by the District Inspector was not challenged.

10. The aforesaid Writ Petition (WP 76 of 1997) was disposed of by an order of this Hon’ble Court dated 9th September, 1998, directing the District Inspector of School to treat the Writ Petition as a representation of the petitioner for regularization of his appointment to the post of Assistant Teacher in the said Madrasah upon giving him an opportunity of hearing.

11. The said order was complied, and a hearing was given on 28th October, 1999.

12. Upon conclusion of such hearing, an order was passed by the District Inspector of Schools on 29th October, 1999 in compliance with the direction of this Hon’ble Court. The said order categorically stated that there was only one vacant post in the Madrasah, that of a Bio-science Teacher. Thus, the petitioner, a Social Science Teacher, under no circumstances could be approved for appointment as per the existing rules to the said post of Bio-

science Teacher.

13. It is this order that was challenged by the petitioner by way of a second Writ Petition, WP No. 21325 of 1999.

14. The aforesaid Writ Petition was disposed of by the order dated 22nd December, 1999, by which this Hon’ble Court has been pleased to direct that the petitioner’s appointment as an Assistant Teacher be regularised against vacant sanctioned posts within a period of four weeks.

15. These facts as aforestated are not in dispute.

16. The parties have put forth their respective arguments.

17. The petitioner conte