Gouranga Kumar Das 4 ADVOCATE, HIGH COURT, CALCUTTA BAR ASSOCIATION, ROOM NO.4 E-mail: roofavenue24@gmail.com Mobile: 8334991909 Dated: 16.07.2024 The Learned Government Pleader, High Court, Calcutta. The Principal Secretary, Department of Minority Affairs and Madrasah Education Department, having its office at Nabanna, 325, Sarat Chatterjee Road, Howrah-711102. The Director of Madrasah Education Government of West Bengal, having its office at Bikash Bhawan, South Block, 2"! Floor, Salt Lake City, Kolkata -700091. The Secretary West Bengal Madrasah Service Commission, Having its office at Bikash Bhawan, South Block, 2™ Floor, Salt Lake City, Kolkata -700091. ‘The District Inspector of Schools (SE) South 24 Parganas, New Administrative Building, 5” Floor, Post Office and Police Station — Alipore, District- South 24 Parganas, Pin-700027. The Secretary The West Bengal Board of Madrasah Education Moulana Abul Kalam Ajad Bhawan, DD- 45, Sector-I, Salt Lake City, Kolkata -700064. The West Bengal Board of Madrasah Education Service through the Secretary having its office at Maulana Abul Kalam Ajad Bhawan, DD- 45, Sector-1, Salt Lake City, Kolkata -700064. The Managing Committee Bishalakshmipur Puna Saha Mustania High Madrasah, Service through the Secreatary Village and Post office- Bishalakshmipur, Police Station- Kakdwip, District- South 24 Parganas, Pin-743347. The Head Master Bishalakshmipur Puna Saha Mustania High Madrasah Police Station- Kakdwip, District- South 24 Parganas, Pin- 743347.Gouranga Kumar Das Mobile: 8324991909 4 ADVOCATE, HIGH COURT, CALCUTTA BAR ASSOCIATION, ROOM NO.4 E-mail: roofavenue24@gmail.com SSS Re.: W.P.A. No. 18187 of 2024 Joydeb Ghosh + Petitioner Versus The State of West Bengal & Ors. Respondents Sir, Please find enclosed herewith a copy of the writ petition along with all its annexures which will be come up for hearing on 26.07.2024 before the Hon'ble Justice Saugata Bhattacharyya or thereafter any subsequent date as and when the business of the Hon’ble Court will permits. This is for your information and necessary steps. Thanking you, Yours faithfully, bbe, Advocate Enclo : As stated above.7Her24, 12:47 PM Case Status Search by Case Number Calcutta High Court - Appellate side Appellate side a Case Details [case Type WR Fling Numer TBST Fig Date 1507-7028 egisvaton Number "72008 Regittaon Date 16-07-2024 (ENR Number =WECHCA.O3S0a 2025 Case Status [First Hearing Date ah uly 2094 Next Hesring Date ally ist Petitioner and Advocate T)JOYDES GHOSE Respondent and Advocate {)THE STATE OF WEST DENGALAND ORS. ‘Subordinate Court Information aia Narita aoa Name Gove Nambor and Year”: Goss Decison ates site Sitet History of Case Hearing femora “age [Business On Date [Hesdng Bate | Purpose ot hearing [Baiy ue |ROWOLE JUSTICE SAUGATA BHATTACHARYYA i2s.07-2024 NEW MOTION, Orders Nomiet, | Order on | Judge Order Date [oomer __Gategory Detalle [GROUP AQwRiT WATTERS) (7) Education (6) MADRASA( 15)” service Ober 327(8) ‘OBJECTION —paection. Tongan Gals ~"Resapt bag ~~} [ait Objections ara Complied I hiipsilfheservices.ecourts.gov infecourtinciaHClcasesicase_no php?state_¢27 SYPNOPSIS 05.06.2023 the said writ petition being WPA No. 2714 of 2009 with CAN No. 2 of 2020 was disposed of by the Hon'ble Justice Aniruddha Roy by directing the Secretary of West Bengal Madrasah Service Commission to decide the representation of the petitioner at Page 92 of the writ petition upon giving at least prior hearing notice to the petitioner and the respondent No. 7 and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law and the entire exercise shall be carried out and completed positively within 6 weeks from the date of communication of the order and while deciding the issue, the Secretary West “ Bengal Madrasha Service Commission will also consider the said documents for appointment of Md. Saficul Islam dated June 10, 2009 at page 9 of the CAN No. 1189 of 2014 for the post of teachers in language group ( strong in English)and if a similarly placed persons as that of petitioner has received an appointment, then the Secretary West Bengal Madrasha Service Commission must also consider as to why the petitioner shall not receive the same claim if he is really similarly placed and is otherwise eligible to receive his claim strictly in accordance with law. In compliance to the order dated 05.06.2023 passed in WPA No. 2714 of 2009, the Secretary West Bengal Madrasha Service Commission passed a reasoned order on 27.02.2024 without considering the document of appointment of Md. Saficul Islam dated June 10, 2009 and rejected the petitioner’s claim.05.06.2023 27.02.2024 26 SHORT LIST OF DATES 05.06.2023 the said writ petition being WPA No. 2714 of 2009 with CAN No. 2 of 2020 was disposed of by the Hon'ble Justice Aniruddha Roy by directing the Secretary of West Bengal Madrasah Service Commission to decide the representation of the petitioner at Page 92 of the writ petition upon giving at least prior hearing notice to the petitioner and the respondent No. 7 and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law and the entire exercise shall be carried out and completed positively within 6 weeks from the date of communication of the order and while deciding the issue, the Secretary West Bengal Madrasha Service Commission will also consider the said documents for appointment of Md. Saficul Islam dated June 10, 2009 at page 9 of the CAN No. 1189 of 2014 for the post of teachers in language group ( strong in English)and if a similarly placed persons as that of petitioner has received an appointment, then the Secretary West Bengal Madrasha Service Commission must also consider as to why the petitioner shall not receive the same claim if he is really similarly placed and is otherwise eligible to receive his claim strictly in accordance with law. In compliance to the order dated 05.06.2023 passed in WPA No. 2714 of 2009, the Secretary West Bengal Madrasha Service Commission passed @ reasoned order on 27.02.2024 without considering the document of appointment of Md. Saficul Islam dated June 10, 2009 and rejected the petitioner's claim .DISTRICT: SOUTH 24 PARGANAS IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE. W.P.A. No. [£18 Tof 2024; In the matter of : An application under Article 226 of the Constitution of India; Subject matter relating to under: under Group y ,Head-( ) of the List of classification. -Cause Title- Joydeb Ghosh ee Petitioner Versus The State of West Bengal &Ors. .Respondents Advocate-On-Record: GOURANGA KUMAR DAS Advocate High Court, Calcutta, Bar Association, Room No.4 Mob: 8334991909 E-mail:-PISTRICT : SOUTH 24 PARGANAS IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.(@/8# of 2024; In the matter of : An application under Article 226 of the Constitution of India; And In the matter of: Joydeb Ghosh oe Petitioner. Versus The State of West Bengal & Others. .-Respondents. INDEX ‘SLNo.| Description of Documents | Annexure Pages 1. Writ Petition 101g 2. The Xerox copy of provisional| “P-1" 7) approval dated 05.07.1994 17-1 3. Xerox copy of order dated! “P-2” 30.09.1996 passed by the Hon'ble 19-20 Apex Court 4. ‘Xerox copy of the order dated| “P-3* 25.04.2001 the Hon'ble Division dI- 43 ess Bench 5. Xerox copy of order dated| “P-4” 28.04.2003 by the principal 4 ce Secretary School —_ Education | 45 Department 6. ‘Xerox copy of the representation “PS” EH dela tres Yg- 5¢ 7. Xerox copy of application being| CAN No. 1189 of 2014 with eee 9 | 2 annexures | 8. Xerox copy of the order dated| "P-7" a 05.06.2023 Hey eed Ed 1 BE 64 q3 9 Xerox copy of the order dated] "P-8" = ‘ [27.02.2024 oH Se Hee pupal che1970 1974 1975 01.10.1992 20 LIST OF DATES Events Bishalakshmipur Puma Saha Mutania High Madrasah, Post officer- Bishalakshmipur , District- South 24 Parganas was established with the help of the local and recognized by the Board as Four Class Junior High ( Class V to VIII) and the West Bengal Madrasah Education Board accorded approval of the Headmaster and four other Assistant Teachers and three non-teaching staff as the organizing staff of the said Madrasah. ‘The said Madrasah Authority started class XI and the then Board duly accorded special permission to the said Madrasah Authority to send up students for High Madrasah Examination from the year 1970. The said Madrasah authority started class X and the then Board duly accorded special permission to the said Madrasah Authority to send up students for High Madrasah Examination from the year 1976 The petitioner having eligibility was11.11.1992 24.11.1992 12.01.1994 21 appointed as Assistant teacher in Social Science group of the said Madrasah by a resolution made by the Managing Committee of the said Madrasah. ‘The Assistant Inspector of the said school inspected the said Madrasah on instruction of District Inspector of Schools (S.K.), 24 Parganas and submitted report. The Assistant Inspector of Schools, South 24 Parganas, submitted a report in compliance with the judgement and order passed by the Hon'ble Justice Dilip Kumar Basu ( as His Lordship then was) on 11th November 1992 which was filled by the teaching and non-teaching staffs of the said Madrasah including the petitioner as though the recognition of the said Madrasah was granted but _ the appointment of the teaching and non- teaching staffs were not approved by the competent authority. By solemn judgement and order in appeal being FMAT No. 337 of 1994 , the Madrasah Education Board was directed to approve the appointment of the staffs.*1st July, 1994 Sth July, 1994 19th August, 1995 18th September, 1998 25.04.2001 2 ‘The Hon'ble Division Bench in contempt rule being C.R No. 398 of 1994 directed the contemnor to approve the appointment of the staff of the said Madrasah as the order in appeal being FMAT No. 337 of 1994 was not complied. ‘The Secretary, , West Bengal Madrasah Education Board accorded _ provisional approval of teaching and non-teaching staff of the said Madrasah from the respective date of their joining. Appeal being FMAT No. 337 of 1999 along with FMAT No. 3614 of 1994 and C.R No. 398 of 1994 was heard by Hon'ble Division Bench and direction was made to grant approval forthwith and to release arrears within six weeks. The Secretary, Education Department , Government of West Bengal, as per earlier order of the Hon'ble Supreme Court of India submitted the report before the Hon'ble Supreme Court. 25.04.2001 the Hon'ble Division Bench comprising the Hon'ble Chief Justice Ashok Kr Mathur and the Hon'ble Justice Girish Chandra Gupta( as Their Lordships then was) pleased to dispose of the FMAT No. 337 of 1994 with observation that the number of21st March, 2003 28th April, 2003 19th December, 2003 23 teaching and non-teaching staffs of the said Madrasah should be 15 and “ we do not propose to make any comments on the individual teachers and those teachers are not before us, therefore any observation made by us can affect their right inter-se . However we leave it open to the teachers to make their grievance against the observations made by the Secretary Education Department if they are agreed, they can challenge the same in their individual category in accordance with law Judgement and order passed in WP No. 16278(W) of 2002 directing the respondents to pay the salaries of the other similarly constituted teachers of the said Madrasah from 11th October 1991 from when the approval was granted. The Principal Secretary vide its order bearing No. 73/1(6)-SSE/03 passed the impugned order rejecting the prayer of the petitioner. Authority concerned given appointment to Kalyan Maity who was the one of the organizing teacher and __ provisionally approved.2006 23.12.2007 10.06.2009 05.06.2023 24 Swapan Kumar Mondal an approved Asst. teacher in Language group transferred to another school as Headmaster as such the said post is also lying vacant. Petitioner made a representation before the Sceretary, School Education Department, the Director of School Education , The Director , West Bengal Board of Madrasah, the District Inspector of Schools(S.E) South 24 parganas praying approval of appointment. The prayer of another assistant teacher Saficul Islam had allowed on 10.06.2009 by the Principal Secretary, minority affairs and Madrasah Education Department for the post of teachers in language group ( strong in English) in the same Madrasah ; 05.06.2023 the said writ petition being WPA No, 2714 of 2009 with CAN No. 2 of 2020 was disposed of by the Hon'ble Justice Aniruddha Roy by directing the Secretary of West Bengal Madrasah Service Commission to decide the representation of the petitioner at Page 92 of the writ petition upon giving at least prior hearing notice to the petitioner and the27.02.2024 25 respondent No. 7 and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law and the entire exercise shall be carried out and completed positively within 6 weeks from the date of communication of the order and while deciding the issue, the Secretary West Bengal Madrasha Service Commission will also consider the said documents for appointment of Md. Saficul Islam dated June 10, 2009 at page 9 of the CAN No. 1189 of 2014 for the post of teachers in language group ( strong in Englishjand if a similarly placed persons as that of petitioner has received an appointment, then the Secretary West Bengal Madrasha Service Commission must also consider as to why the petitioner shall not receive the same claim if he is really similarly placed and is otherwise eligible to receive his claim strictly in accordance with law. In compliance to the order dated 05.06.2023 passed in WPA No. 2714 of 2009, the Secretary West Bengal Madrasha Service Commission passed a reasoned order on 27.02.2024 without considering the document of, appointment of Md. Saficul Islam dated June 10, 2009 and rejected the petitioner's claim,28 POINTS OF LAW I. Whether the Secretary of West Bengal Madrasah Service Commission has rightly decide the representation of the petitioner and passed the reason order on 27.02.2024? Il. Whether the Secretary West Bengal Madrasha Service Commission has rightly considered the documents for appointment of Md. Saficul Islam dated June 10, 2009 at page 9 of the CAN No. 1189 of 2014 for the post of teachers in language group ( strong in English)and if a similarly placed persons as that of petitioner has received an appointment, then the Secretary West Bengal Madrasha Service Commission must also consider as to why the petitioner shall not receive the same claim if he is really similarly placed and is otherwise eligible to receive his claim strictly in accordance with law?a” DISTRICT-SOUTH 24 PARGANAS IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.191&# of 2024 In the matter of An application Under Article 226 of the Constitution of India; And In the matter of: Joydeb Ghosh Son of late Banabehari Ghosh, residing at Village and Post office - Srinathgram Rajnagar, Police Station- Kakdwip, District- South 24 Parganas, PIN- 743347. ...Petitioner -Versus- 1. The State of West Bengal, Service through the Scerctary, Department of Minority Affairs and = Madrasah Education, having its office BikashBhawan, 6 Floor, East Block, Salt Lake City, Kolkata -700091 2. The Principal ~—Secretary; Department of Minority Affairs and Madrasah Education —_ Department having its office at Nabanna, 325, Sarat Chatterjee Road, Howrah- 711102. 3. The Director of — Madrasah Education; Government of West Bengal ; having its office at Bikash Bhawan, South Block, 24 Floor, Salt Lake City, Kolkata ~ 700091. 4. The Secretary, West Bengal Madrasah Service Commission, having its office at Bikash Bhawan, South Block, 24 Floor, Salt Lake City, Kolkata - 700091. 5, The District Inspector of Schools(SE), South 24 Parganas, New Administrative Building, 5% Floor, Post Office and Police Station- Alipore, District - South 24-Parganas, PIN — 700027.To 6. The Secretary, The West Bengal Board of | Madrasah Education, Maulana Abul Kalam Ajad Bhawan, DD- 45, Sector -1, Salt Lake City, Kolkata- 700064. 7. The West Bengal Board of Madrasah Education, service through the secretary having its office at Maulana Abul Kalam Ajad Bhawan, DD- 45, Sector -1, Salt Lake City, Kolkata- 700064. 8. The Managing Committee, Bishalakshmipur Puna Saha Mustania High Madrasah, service through the secretary, Village and P.O.- Bisalakshmipur, P.S.-_ Kakdwip, District- South 24 Parganas, Pin- 743347, 9. The Head Master, Bishalakshmipur Puna Saha Mustania High Madrasah, P.O.- Bisalakshmipur, P.S.- Kakdwip, District- South 24 Parganas, Pin- 743347. . Respondents The Hon'ble T.S. Sivagnanam, Chief Justice and His Companion justices of the said Hon'ble Court.1: The petitioner states that he is the citizen of india and having permanent address mentioned in the cause title herein above. 2. Your petitioner states that the Madrasah namely Bishalakshmipur Puna Saha Mustania High Madrasah was initially established by the resident of the vicinity in the year 1970 and the said Madrasah was recognized by the Board as four class Junior High (class V to class VIII) and the West Bengal Board of Madrasah Education accorded approval of the head master and four other assistant teachers and three non-teaching staff as organizing staff of the said Madrasah. 3. Your petitioner states that for the interest of the students of the locality, the Madrasah Authority opened class IX from the year 1974 and class X from 1975 and the then Board duly accorded special permission to the said Madrasah Authority to sent up students for High Madrasah Examination from the year 1976 and the Madrasah Authority time to time appointed organizing teaching and non-teaching staff for the proposed upgradation section i.e. class IX and X. 4. Your petitioner states that having requisite qualification for the post of assistant teacher in social science group, duly applied and the then managing committee by its resolution appointed the Petitioner as an organising teacher of the Bishalakshmipur Puna Saha Mustania High Madrasah , P.S- Kakdwip, District - South 24 Parganas and joined the said Madrasah on 01.10.1992 as an organising teacher of social science group and since his joining he discharged his duties with utmost sincerity and satisfaction, 5. Your petitioner states that the Head Master of the said Madrasah preferred a writ petition being C.O No. 12099 (w) of 1992 before this Hon’ble High Court for approval of service of the organising teacher and non- teaching staffs and in compliance to the order dated 11.11.1992, theAssistant Inspector of the Schools (SE), the then Diomond Harbour Sub Division made an enquiry in the said Madrasah and furnished detailed report in the said writ petition and the writ petition was finally disposed of on 12.01.1994 by the Hon’ble Justice Paritosh Kr. Mukherjee as His Lordship then was) by directing the Secretary, West Bengal Board of Madrasah Education with his comment for granting approval of teaching and non-teaching staffs of the said Madrasah within a month from the date of communication of the order. 4. Your petitioner states that against the judgement and order dated 12.01.1994, the appeal being FMAT No. 337 of 1994 was preferred by the Head Master and the said appeal was disposed of by the order dated 09.02.1994 by directing the Madrasah Education Board to approve the appointment of teaching and non-teaching staffs and further directing for release of grant-in-aid within a period of two weeks with a direction to release all the salaries of the teaching and non-teaching staffs within a period of 2 months. 5. Your petitioner states that the judgement and order dated 09.02.1994 passed in FMAT No. 337 of 1994 was not complied by the respondent and accordingly application for Contempt was moved and contempt rule was issued being CR No. 398 of 1994 and the said rule was heard on Ist July, 1994 when the Hon'ble Division Bench directed the contemnor to approve the appointment of teaching and non-teaching stafls of the said Madrasah by Tuesday next without prejudice to the rights and contentions of the parties. 6. Your petitioner states that Secretary of West Bengal Board of Madrasah Education vide memo No. 100(APP) dated Sth July, 1994 accorded provisional approval of teaching and non-teaching staffs of the said Madrasah and ultimately the FMAT No. 337 of 1994 was disposed of on 29.08.1995 that respondent shall forthwith grant approval of the teaching afi and non-teaching s And your petitioner’s name appeared as serialrfumber 13 in the said copy of the provisional approval and his date of joining has been mentioned on 01.10.1992. The xerox copy of the provisional approval dated 05.07.1994 is annexed herewith and marked as letter “P-1” 7. Your petitioner states that being aggrieved by the order dated 29.08.1995 and 09.02.1994 the respondents preferred a Special Leave Petition before the Apex Court being SLP ( C) No. 28178 of 1995 and 24945 of 1995 and by an order dated 30.09.1996 passed by the Hon'ble Apex Court directed the State respondent authorities to pay the provisionally approved teaching and non-teaching staffs of the said Madrasah the salaries for the period of 3 months within a week and finally by an order dated 18th September, 1998, Hon'ble Apex Court pleased to pass an order and remanded back the matter before this Hon'ble Court. The xerox copy of the order dated 30.09.1996 passed by the Hon'ble Apex Court is annexed herewith and marked as letter “P-2” 8. Your petitioner states that on 25.04.2001 the Hon‘ble Division Bench comprising the Hon'ble Chief Justice Ashok Kr. Mathur and the Hon’ble Justice Girish Chandra Gupta( as Their Lordships then was) pleased to dispose of the FMAT No. 337 of 1994 with observation that the number of teaching and non-teaching staffs of the said Madrasah should be 15 and “ we do not propose to make any comments on the individual teachers and those teachers are not before us, therefore any observation made by us can affect their right inter-se . However we leave it open to the teachers to make their grievance against the observations made by the Secretary Education Department if they are agreed, they can challenge the same in their individual category in accordance with law. The xerox copy of the 25.04.2001 the Hon'ble Division Bench is annexed herewith and marked as letter “P-3”9. Your petitioner states that against the judgement and order dated 25.04.2001 passed in FMAT No. 337 of 1994, the individual teachers of the Madrasah who were not parties to the FMAT No. 337 of 1994 , jointly preferred SLP No. 9057-9058 of 2001 before the Hon'ble Apex Court and on 07.01.2002 the said SLP has been withdrawn by the petitioner with a liberty to approach the Secretary, West Bengal Education Department to consider individual case of the petitioner. 10. Your petitioner states that pursuant to the order dated 07.01.2002 passed in SLP No. 9057-9058 of 2001, your Petitioner along with other individual teachers approached before the Secretary of West Bengal School Education Department for consideration of their case and on 28.04.2003 the principal Secretary School Education Department passed an order that there are two vacancies at present against the 15 post of teachers one in Science group and one in language group. Sri Kalyan Maity represented that he is qualified pure science teacher and can be accommodated against the vacancy in pure science group and accordingly the said Kalyan Maity is otherwise qualified and the Board may consider his case and pass appropriate orders. As there was no vacancy in Social Science group against the petitioner Joydeb Ghosh can be accorded and accordingly no further examination at this stage. ‘The xerox copy of order dated 28.04.2003 by the principal Secretary School Education Department is annexed herewith and marked as letter “P-4” 11 Your petitioner states that in the year 2006 the petitioner raised his qualification MA(Bengali) and accordingly he prayed for absorption in the language group as there were vancancy in the language group of the said Madrasah. And accordingly he made an representation before the respondents authority in the year 2007. ‘The xerox copy of the representation is annexed herewith and marked as letter “P-5”ss 12. Your petitioner states that in the year 2009 petitioner filed one writ petition being WPA No. 2714 of 2009 before this Hon'ble Court praying for regularisation of his service and during the pendency of the said writ petition on 15.06.2009 the Principal Secretary, minority affairs and Madrasah Education Department passed an order that Saficul Islam had necessary qualifications for the post of teachers in language group ( strong in English) should be absorbed in the post of teacher in the language group. 13. Your petitioner states that after knowing the facts of absorbtion of Saficul Islam for the post of teachers in language group ( strong in English) , your petitioner filed one CAN application being CAN No. 1189 of 2014 in connection with WPA No. 2714 of 2009 and prayed for similar relief as granted in favour of Saficul Islam . The xerox copy of the application being CAN No. 1189 of 2014 with annexures is annexed herewith and marked as letter “P-6” 14. Your petitioner states that finally on 05.06.2023 the said writ petition being WPA No. 2714 of 2009 with CAN No. 2 of 2020 was disposed of by the Hon'ble Justice Aniruddha Roy by directing the Secretary of West Bengal Madrasah Service Commission to decide the representation of the petitioner at Page 92 of the writ petition upon giving at least prior hearing notice to the petitioner and the respondent No. 7 and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law and the entire exercise shall be carried out and completed positively within 6 weeks from the date of communication of the order and while deciding the issue, the Secretary West Bengal Madrasha Service Commission will also consider the said documents for appointment of Md. Saficul Islam dated June 10, 2009 at page 9 of the CAN No. 1189 of 2014 for the post of teachers in language group ( strong in Englishjand if a similarly placed persons as that of petitioner has received an appointment, then the Secretary West Bengal Madrasha Service Commission must also consider asth why the petitioner shall not receive the same claim if he is really similarly placed and is otherwise eligible to receive his claim strictly in accordance with law. The xerox copy of order dated 05.06.2023 is annexed herewith and marked as letter “P-7” 15. Your petitioner states that in compliance to the order dated 05.06.2023 passed in WPA No. 2714 of 2009, the Secretary West Bengal Madrasha Service Commission passed a reasoned order on 27.02.2024 without considering the document of appointment of Md. Saficul Islam dated June 10, 2009 and rejected the petitioner's claim as per order dated 28.04.2003 passed by the Principal Secretary School Education Department which was already been annexed in the said Writ Petition . The xerox copy of reasoned order dated 27.02.2024 is annexed herewith and marked as letter “P-8” 16. Your petitioner states that and on 28.04.2003 the principal Secretary School Education Department passed an order that as there was no vacancy in Social Science group against the petitioner Joydeb Ghosh can be ination at this stage. So that in accorded and accordingly no further exar future, petitioner’s prayer will be consider if vacancy will arise and said copy order dated 28.04.2003 was the annexed in the writ petition being WPA No. 2714 of 2009 and after considering all documents annexed in the writ petition, finally on 05.06.2023 the said writ petition being WPA No. 2714 of 2009 with CAN No. 2 of 2020 was disposed of by the Hon'ble Justice Aniruddha Roy. 17. Being aggrieved by and dissatisfied with the reasoned order on 27.02.2024 passed the Secretary West Bengal Madrasha Service10 Commission as aforesaid the petitioner begs to move this app! the following amongst other: GROUNDS I. FOR THAT the respondents authorities have miserably failed to considering the document of appointment of Md. Saficul Islam dated June 10, 2009 and misinterpreted the order dated 28.04.2003 passed by the principal Secretary School Education Department. u. FOR THAT Secretary of West Bengal Board of Madrasah Education vide memo No. L00(APP} dated Sth July, 1994 accorded provisional approval of teaching and non-teaching staffs of the said Madrasah and ultimately the FMAT No. 337 of 1994 was disposed of on 29.08.1995 that respondent shall forthwith grant approval of the teaching and non-teaching staffs. And your petitioner’s name appeared as serial number 13 in the said copy of the provisional approval and his date of joining has been mentioned on 01.10.1992. UW FOR THAT that on 25.04.2001 the Hon'ble Division Bench comprising the Hon'ble Chief Justice Ashok Kr. Mathur and the Hon'ble Justice Girish Chandra Gupta( as Their Lordships then was) pleased to dispose of the FMAT No. 337 of 1994 with observation that the number of teaching and non-teaching staffs of the said Madrasah should be 15 and “ we do not propose to make any comments on the individual teachers and those teachers are not before us, therefore any observation made by us can affect their right inter-se . However we leave it open to the teachers to make their grievance against the observations made by the Secretary Education Department if they are agreed, they can challenge the same in their individual category in accordance with law1 iv. FOR THAT your Petitioner along with other individual teachers approached before the Secretary of West Bengal School Education Department for consideration of their case and on 28.04.2008 the principal Secretary School Education Department passed an order that there are two vacancies at present against the 15 post of teachers one in Science group and one in language group. Sri Kalyan Maity represented that he is qualified pure science teacher and can be accommodated against the vacancy in pure science group and accordingly the said Kalyan Maity is otherwise qualified and the Board may consider his case and pass appropriate orders. As there was no vacancy in Social Science group against the petitioner Joydeb Ghosh can be accorded and accordingly no further examination at this stage. V. FOR THAT that in the year 2009 petitioner filed one writ petition being WPA No. 2714 of 2009 before this Hon'ble Court praying for regularisation of his service and during the pendency of the said writ petition on 15.06.2009 the Principal Secretary, minority affairs and Madrasah Education Department passed an order that Saficul Islam had necessary qualifications for the post of teachers in language group ( strong in English) should be absorbed in the post of teacher in the language group VI. FOR THAT that finally on 05.06.2023 the said writ petition being WPA No. 2714 of 2009 with CAN No. 2 of 2020 was disposed of by the Hon'ble Justice Aniruddha Roy by directing the Secretary of West Bengal Madrasah Service Commission to decide the representation of the petitioner at Page 92 of the writ petition upon giving at least prior hearing notice to the petitioner and the respondent No. 7 and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law and the entire exercise shall be carried out and completed positively within 6 weeks from the date of communication of the order and while deciding the issue, the Secretary West Bengal Madrasha Service Commission will also consider the said documents for appointment of Md. Saficul Islam datedn June 10, 2009 at page 9 of the CAN No. 1189 of 2014 for the post of teachers in language group ( strong in Englishjand if a similarly placed persons as that of petitioner has received an appointment, then the Secretary West Bengal Madrasha Service Commission must also consider as to why the petitioner shall not receive the same claim if he is really similarly placed and is otherwise eligible to receive his claim strictly in accordance with law. VIL. FOR THAT on 28.04.2003 the principal Secretary School Education Department passed an order that as there was no vacancy in Social Science group against the petitioner Joydeb Ghosh can be accorded and accordingly no further examination at this stage. So that in future, petitioner’s prayer will be consider if vacancy will arise and said copy order dated 28.04.2003 was the annexed in the writ petition being WPA No. 2714 of 2009 and after considering all documents annexed in the writ petition, finally on 05.06.2023 the said writ petition being WPA No. 2714 of 2009 with CAN No. 2 of 2020 was disposed of by the Hon'ble Justice Aniruddha Roy. 18, Your petitioners states that the petitioner thus have no other equally effective, suitable, speedy, efficacious, inexpensive and adequate alternative remedy and the reliefs prayed for,if granted will be adequate. 19. Your petitioners states that unless the reliefs prayed for herein are granted, even in the interim and ad-interim forms, your petitioner will be severely prejudiced and suffer irreparable injury which cannot be compensated for in money value. 19. Your petitioners states that the actions on the part of the state respondents are violative of article 16 of the Constitution of India.23 20. Your petitioner craves reference to the statute and to make appropriate submission of law at the time of hearing. 21. This application is made bonafide and for the ends of justice. In the circumstances stated above your Petitioners most humbly pray that Your Lordship would graciously be pleased to issue: a) A writ of and/or in the nature of mandamus quashing the reason order dated 27.02.2024 passed the Secretary West Bengal Madrasha__ Service Commission, thereby rejecting the prayer of the petitioner for regularization of his service as assistant teacher in Bishalakshmipur Puna Saha Mustania High Madrasah although in the similar circumstances prayer of another assistant teacher Saficul Islam had allowed on 10.06.2009 by the Principal Secretary, minority affairs and Madrasah Education Department for the post of teachers in language group ( strong in English) in the same Madrasah ; b) A writ of and/or in the nature of mandamus , directing the respondents to regularize and or approve the service of the service of the petitioner as he is14 working since 01.10.1992 in the Bishalakshmipur Puna Saha Mastania High Madrasah which appears in the provisional approval issued by the then secretary of West Bengal Board of Madrasah Education vide memo No. 100(APP) dated S® July, 1994 accorded provisional approval of teaching and non- teaching staff of the said Madrasah. ©) A writ in the nature of Mandamus do issue and set-aside the reason order dated 27.02.2024 passed the Secretary West Bengal Madrasha__— Service Commission which is violation to the order dated 05.06.2023 passed by the Hon'ble Justice Aniruddha Roy in connection with WPA No. 2714 of 2009. d) A writ of and/or in the nature of mandamus commanding the respondent authorities to grant and release with all consequential benefits, including arrear salary and allowances in favour of the petitioner, c) To issue Rule NISI interms of prayers (a}, (b}. (c) and (d) above;15 Be f) An interim Order directing the respondents to regularize and or approve the service of the service of the petitioner as he is working since 01.10.1992 in the Bishalakshmipur Puna Saha Mastania High Madrasah which appears in the provisional approval issued by the then secretary of West Bengal Board of Madrasah Education vide memo No. 100(APP) dated 5t July, 1994 accorded provisional approval of teaching and non- teaching staff of the said Madrasah. 2) An Ad Interim Order interms of prayer (g) above; h) Costs of and incidental to this application be paid by the respondent; i) And any other further order ororders as Your Lordship may deem fit and proper for theends of justice; And for this act of kindness your Petitioners asin duty bound shall ever pray.16 7 AFFIDAVIT 1, Joydeb Ghosh, son of Late Banabehari Ghosh, aged about 52 years, by occupation - service, residing at Village and Post office - Srinathgram Rajnagar, Police Station- Kakdwip, District- South 24 Parganas, PIN-743347 do hereby solemnly affirm and say as follows:- 1 ‘That I am the Petitioner herein and I am fully acquainted with the facts and circumstances of the instant application. 2. That the statements made in paragraphs 1 to 6 of the foregoing petition are true to my knowledge and those contained in paragraphs 7 to 14 are my respectful submission before this Hon’ble Court. Prepared in my office sf soydeb Ghote su / ‘The Deponent is known to me Advocate Clerk to Mr. S Vf Advocate Solemnly affirmed before me on this?*day of Judy 2024. COMMISSIONERAnes Bovicnmont ef Wost Bonga) ) Teueation Department, [Offdce lef Stho Eecrat Weak final diadrasah Edu. Zoned te ahDy, SA¥ai 6 6 , ooted 4 Soh :94. ibd va gente ot at * I'Liragah Education Aosta. 4 Ri, $04 ston mustonts ‘adBus ah - : 2} P.0,Bisalakeneipur, 7 alst,srath 24? org3nes Sub + Provistenel sfpraval ef teaching ond nen-teaching staff. 't Ge ANo.398 of L994 Tsuddin Malick & Ors. vse Savdeintyder & Ane. (Gentempt matter, ) In pursuanen. (f the ardor pogsed by the Hout Pe Olvisten bench comprising Thaty Lordships,the Hontyis fe chip abe Prasavd Qanarsue and liortble Me, Yuztice Nikhil Hat” Ineetecp: on 1,7,94 in the ahove. contempt matter,th, ~ wal- Matra: Eduestion Bsardiwi thet. prejudice to tis vi yhts aad’ eqntentt en of of ihe parting [etary plagage te apnitve at he apsetge ppBiGve- at tho appet neat, sah we : a rated esaak (seven) fer Sun)” ty" appr High cectits ef ths Hydasgheare nek ‘required te be aypreved according to gules. * Kame of the staff -Quaid#iZatien ——dosignatien Date of hi Jnaghing stoft pete a f 1) QatyKolyand Porvoy BAiy Asstt. Teacher Jails Bafsgul taba k as, aa 3) ateile Janay Dost 7 HES Sinks Oahig ACN) = do ) Sei stapan Keedondal, BeArn / = @ Tha MsA, Anwaru Lah, BsS¢ UF a) ABU SAL, Khang Mitts 5. 9} Abu gattar Mella, Brac: i Giasuddin va1l.dk 3, i A agdd wag, Bey” Li fMeni es Kbaten y ata} ta Savudul ds) ves Sci voydev Ghashy Bud 14) sat, Fenalats Of 3, © 15) Saficur Rehoaa: aye Kalyaa Waity, ft Nen-teachano sti.'f eu) antsudein a shony oT Mey cies 2) teste Hal ek, Glass sv stare1-08 $208 Ya Insane over 127690 Aelscsuka 1ePtz, M10 192170 2b Leg022 seus, taiet we 2 iduauba Aerexodt ne aan tert Mgtmh @ gaat joe THON :nv OF PROCECONGS : WOUND! 28 Borate ’ Comene) oid efor €6,29 4,88 of the WC. af Pant Deneatl Cx tn sat 37/94) State of VS lund ore Petiue st { mn ae iesase durudele Mollie t ves me th JLP(E Mos, 0170/95, 24943/95 7 ny hes pliant) anes Ge ate ta Fest 680 Verma {e : Buu. KAccad ; Bee alN ne di, “fr se gate xr. tm wrt, er * FES etre Pee iM Aabya, oe, Ady Alavige AL Abwed, Nota Pox. hes ‘Te dbraverty a Mee Ys ay a0 ene BRD we Cour made te to oney oaveEn 5 Le edjourned to 22,1296 a1 9 rucuest of counas for the patiticaere, Howeve, we dirvot tho pott Usasr ya provkalell: oppre eit teaching ond ac: the Madaceab, aslery for @ portod of tess neesh (errseraaatenctes Poy feattSUPREME COURS OF FHa1 SCORE OP PROCKEDIN 3 SUP(C) NO» 24198/93 Weie Petition (Civil/eH) No.) Jt. and order dt. 29-8485 of the Hus. of wwst sengal (calcuttas : In FAT 337/94) the: -state of WD. ond Ors. — Patittonect s) = Versus = wurudéin Mgllik and ors. with sLe(cifos. 26176/95, 24945/95 Date 30.9.96 Thia/thase petition(s) waa/were called on for hearing 1 days Hon'ble Hr. Justice «..s. Varna Hon'ble Mr. Justice :1.N. Kirpal Mee 1K Puri, Adve +P salve, sr. Adv. #8 214’ ahmed, Mohan randey, Adva. wae Mes, Us ghabvaborty & Mr. PK Chakravorty, Adve UPOH hearirg council the Court made the following ORDER The matter ts adjourned to 29.10.96 at request of counsel fer the petitioners. However, wa direct the petitioners to p provisionally approved teaching and non=tesching stafr of the Madrasah, aulery for a period of thive won .f now padd within one week ‘rom today, in view. tie F strain: Pooja festival, of ar-tune of the Lestcid wWtultwenctes being faced by then. this payment gnall be made to the finai ourceme of the matters So/- Lliegible ( Madhu Acora } safe stlegeble Sourt haster SK. Goyal) cure easter.isefll purpose, wolld sider Nig: ation andiin th guilty of contempt of Court's: order and: poste:isfibleto Headmaster, Will with effec from 1" January, was preA ligly Cavin nighRe are 14 tunis and on the basis oF 14 upits.a8 per ctreulanol “West: Be ated aC algo invited ovr attentish iisuahee of the dircetion gly : te98 filed ‘by the Deputy. Director: and: School Education and shOv thet the Madiasa way recognised plo Class Vill:and it-was upgraded ® ie Hy aloe(lassos. Rermigsion ig required! inspection ean ill undertaleneous the Government anesalt ce ‘Sareral consi eration Gov he propoeal of the Board ecb dition: thatthe total nuinber Of stil dll admissible ‘under (he “exfete seachingin Political Science, > SWapat Kaine Wen tobe aft candidate, cation. fits the prescribed qualifiesti Govt! Or ler “(salt atten)he Aion ‘Abii Sutiais All: oe 4s propel ‘by thle may 06 (08.92, Ile may be accommodate> tend) their i any ofthe counsel: ndividualSCE 301. Ets BIKASH BHAVAN, SALT LAKE CITY, Kou (Salina tsa & Other Vs. State of West em 2 This hear flows the aide: + the Howble Supreme Cet a he {ny SLP (Civil) No. 9057 ~ 908% of 2001 ( Coraim N Santush Heyl, my Raju, 32.). The petitioners present were Shiri Kalyan Maiti, Stat tbs Jana, (appearing in theie persoral ed icity) and Smt, Danalata Osha {vepnesented by 9 ‘Anjan Bhattacharyya, Advu ate) «2. Thr SLP’liled before the Supreine Court celates 10 judgewent and order dt 23.4.2001 of ae Hon'ble Caleta Hig’s Count ia FMAT No, 337/94 and C.R. No. 398/94 (Coram A.K. Mathur SP ar3G-2Cista J). this High Court order reliance had been placed on the finding» of the thon Ei cation Secrary which wae quoted verbatim ia the Coun order 3. Since this Radisce hut trey accepted by the High Court and there was no contrary dee sion at the Supreme Coun, 1 shall be yuiled by the Ginding of my predecessor i: office igus teach.e ry inthe Sela Seience Group agaist + sich ‘Ghosh ran be rece nme ated, iv) There is no vacanes in "ee Work Education and Pi against whieh Sint Ban tuta Ojha can be accanunuday 5. Therefore. the e1ses of Savi Joydev Ghoth, Swit He Js caf Sut Lena jhe need np further exain nation a ibis stage 6 There ave 2 (wes varaneseat present againy the JS fle osis ut teachers ‘one io Scien:e Grou and vine in Le=puage Group, Shui Kalyan Maitt represented that he 18 a qualfie: Pure Ssiencs tenche. 1 J ean be necommodated against the vacapey in dhe Pure Seiene: Group No repie.satc s+ of the Madrasah Doard is present t0 comment on abis postion Thereire, treimw the matter telating to Shri Kalyan Maiti (or disposs! by. the Madrasah Boan! Uf there -s a vazancy in the Pure Science Group and Shy-Mits is otherwise qualified ond eiyitse, 21didatw the Doard may consider his eure and pass a ede: Se Sree ser. (TK Bose) pal Secretary 207 on 2, Si Hatara Vall BPC: Dudsklah Ort Soult ducryancc oe 89 : 234 Sin lend Ghosh MIE PC Rayngar Sa ha Bt dase» Py TP St fsa Of, VE RO it Sou 3 9 § Prendene Wes Binal Bord: Mv ri9h Bose, ys Sunaina Motown Squt, Kol 6 Dyrector wf Seow EOveavon,¥/ B a, bade Bhan. Sat Lake, Keli 24 pele 3 60 6 6 Oo Screamgh Typed Copy GOVERNMENT OF WEST BENGAL, ‘SCHOOL EDUCATION DEPARTMENT ‘BIKASH BHAVAN, SALT LAKE CITY KOLKATA - 700091 Sub SLP No, 5057-9058 of 2001 {Safiqt Ilam & Ors. Ve State of Wert Bargal & Others) “This hearing follows the order ofthe How‘ ble Supreme Cour of India dt. 7.12002 in SLP (Cv) No. 9057 = 9058 of 2001 (Coram N. Santosh Hegde and Doraiswanty Raj J) The petitioners present were Shri Kalyan: Mast, She Joydev ghosh, Sm Ia Jana, (eppeering in thelr pecsonal capacity) aed Sin Banalata jh (cepresered by Shri Anjan Bhatacharyya, Advocate), 2 ‘The SLP filed before the Supreme Court relates to judgment and order dt. 5.042001 ofthe Hon'ble Calcutta High Cour in FMAT No. 387/94 and CR_No. 398/94 Coram AX. Mathur C] and GC Gupta J) in this High Court order relince had been placed onthe findings ofthe then Edcaion ‘Secretaty which was quoted verbatim inthe Court arder 3. Since this finding had been acceptad by the High Court and there ws no contrary deision st ‘he Supreane Court Isha be made ofthe nding of my predecessor in office 4. On the basis ofthe above Finding the following conclusions can be drawn: - 3) There ae is(fteen teaching posts in the Madrasa. Senta Jana doesnot qualify for nppointmentas a language teacher 1) ‘There is no vacancy in the Socal Science Group against which Sha Joydey Ghosh can be accommodated 1) There ino vacancy inthe Work Education and Physveal Bacation Group agaist which St Banalata Ojhacan be wecormmodated, 5, Therefore the case of Sh Joydev Ghosh, Sata Jana and Sot Banalata Oa need no further craminaton at this stage. 6 There are 2(owe) vacancies at present agaist the TS (itor) posts of teachers the tn Science (Group anv one in Langesge Group, Shr Kalyan Mali represented tht he is « qualified Pure Science teacher and can be accommodated aginst the vacancy tn the Pure Science Group. No representative of he Macrazah Board is present to comment on this paiton. Therefore, framed the matter relating 0 ‘Shei Kalyan Mati fox gposal by the Madcasah Boar. If there isa vacancy in the Pure Science Group re Sha Mais otherwise qualiied and eg, endidat the Board may consider his ase and pass {pprepeate orders sar- (1K Bose) Prineipal Secretary No. 78/146)SE/09 Dated, the 28° Apr 205 Copy forwarded for information and necessary action to: = “Gur Ralvan Mat Vl & PO Rpaga Sena Omen Dis South 24-Prganas. PIN - 7090, ‘Sn fs Hear, VIL 47. Sadhana Dist Sout 2 Parganas PIN = 7D, ‘Ses Joydev Chor, Vil & PO. apa sath pas, Di South 2 Parganas PIN - 7047, Sin Sint Of Vl & P.O Buhallturpor Dat South Parganas tidercot West Bergl Bod ol Mada Educa 19, Haji obama Main Square KoL6, Dirtsrof chat Eaveon W78. Bash Bhawan St Lake, Kollat = ponerfrei Fourt ne Se 10K ©6606 SUPOOME CouRt OF there Brean oF omar Hunt Pacteton(s) far syactel Leave te imo leet, 209 .DSu/2009 (Fron the Jusyamont ané vedere dated 28/04/2001 tn FHAT 237/94 & Ctvt1 Rule Ho, 398/96) af The HIGH COURT OF CALCUTTA) SAFIOUL ISLAM 4 ORS. Puttttouor (8) versus 4 STATE OF WEST BENGAL & ORS. Rosvonanint. (4) Cuntmtsa, 1-2. for efenlay tw 111 (MME cFrice Bosert 22 TOME Pett HON ake: ore ‘cal tou ou for hast ~ today conan POW'SL Me, Jus ICE R. SKiTODN NEGO HONTBLE HBL JOS TCE QORATSMINY RAJU! tie ten UES eet Tb aan vat of Tole ' For Sariiionge va) 1+, stshnn vanugonat at Nel Syed Att wloadeao: Far Responcent (4) UPON te ng coud thy Sourt Mave the Toltoxing OROEN Learns kounsel for patitionars evols be-uttsfon to eithiray tate petition wt no WMearey Ge apes ae the Secrecery, Wert angel Edvention Oomarte-ne ty coneidar nute ida) geen of Ue petitinners, — Puoctgese grantede wey sete inne ve A Ayei Ge te —4b- eno tale oat PE on, Ne Vial. 6 P.O. Srina 1. ‘The Secretary, West Bengal Hoard >t Myataeah Bsucation, 19, Haji Movan-iad vohain square, Koikata - 760 (ar. ‘Tha Director of School Education, West Beri, Bikash Bnavan, Sa Lake city, Kodkata - 700 091. ‘The District I: spector of scnoo1, (Secondary fducation), Souch 24-Parjanas, New Adninistrative suiiaing, (Sth Floor), A:tpora, Kolcata ~ 759 027. Sub 1A prayer of aporoval of azpoinenent in Bengali eubyece under umijiaye Group. Sir, I, Joydel, Choah, Like co antes you anu rurther begs to draw your ind attention to the rollowina facts + - on the basis 3. @ selection conuucted by the Managing Conmitees of the Bishavamipar Puna Saha Mostania Hign Macrasah, P.0. Bishataxmipas, P.S. Kak@wip, vist. 24-Parganas (South) I have duly beer appoi: cee in Une pyst of an assistant Yeacher In Social Science Group Vice sescaution Uated LIU 7¥d Lexen oy the managing Commitee +. ene g4i0 Hedsasell. de De Me pacetnens, co mencion inet at the time of my sonoinenant ir exe eaiahiasasan, ane sine was » cecountoct Junior moraseh bes they were # recognized section of Ciaem 2x conta. ..#/2-EeeiT770, 19924 - 3 1 Aike to daw ;our’kind ectencion that pursuant to the orders of the various Courts inciuaing tne Hon'ble Supreme court, the aa:4 Nidragah has been wgraded a8 the High Madraeah Andttally on and from 11,10-3993 and thereafte: tne sane was modified to 1.1.1990 by Ene orde: 03 the Hunthie wag Court dated 7.7.1992. Thereatter purewnt to an vevet passed by the Hon'ble Division bunch presiuua over by Une Hlon'b te Justice Bhagabats Prasad Binecje2 datea 1.741994 4a coms No. 398 of 1994 (Nurudin Maiolet sire. = Va. = Ziauddin Hyer & Ant.) the Secretary, WB. Fuar teh Equcution Yoare vise oraex dated 5.71994 nes g.anted 4p) ovasioual approvel of ny service wets the date o£ Joining .1 18 Madraseh i.e. on brdet¥Bor 1.18.92 HL up to the Hontbse Supreme Court a she sadd natce and the Hontbl+ supreme Court was pleased to direct the autho- rities to cond.ct an enyaity and to submit a report and accor~ ingly an enquiry “ae conducted by Ly. sicector of School Edu cation alongwich one ausistant Larectr of School Education on 8.121998 and in tie report prepared by the sai autnority my name duly ££ figured in the column (5) *Peovisionaliy npproved staff of the Msdragal.t niter Seizes W2. 13, 5. Dn the basis o. “Ke said report of the tno varecwors as aforeraia tae Seer stsiy, Scneol etucetion vepacemne duly gubmittes a report Beios* tne Hon'bie Supreme Court wherein 1t appeared shat in the tansiage Group there were tho availabie vacancy in terss nt Wie soaft pattern and although I have the on tes. -P/36ay requisite qualification for the post of Assistant Teacher in the sacial science Group but untortunatery m/ candidature has not been congidered-by thy said Secretary, aithough in the “aula ropor dated 9.12.1958 prepared on the Bieta of the-em quiry conducted by the eaid two Directors my qualification Nas duly been r0tel 23 B.A. which ie tne basic quaiffication for being appointed in the said post of Assistant Teacher in a Madraseh. 1 6 1 Like to draw Jour kind attention that tne Secretary, School Eucation Departmint duly submittea a repore betore Hon'ble Suprene Cour: tt 4m appearea tnat in tne social aci- fence group the avaLlubli post ace only twos Here Sci Abdul Sattar Molla ie fouma bs. with story 42 @ combination and “he, Wontra kratun J. neving MAA, in History as such this two persons are £it in the qvailabie two vacant poat in Social ‘Elerice Group. Thece wai: 90 appiication any Govt. Order in the"'soctal Sefence oxoup. 7. Uke to draw your kind attention that in all those matters I was not a party to any such proceedings but I came to know about, the atoresasd facts from che school authority. Tt dm pertinent t> mention thac in che said C.K. No. 398 of 1994 the Hon'ble Div 4eton Bench presided over by the Hon'ble Chief Justice Astiok Kove Mathur vide Order dated 25.4, 2001 were pleased to nold tt - 9 The Secrati.7, Government of west vengat considerea che candic ate..¢ of each of tne cardiaates ana after exaninatica scamaniny there quarif ication and erigi- purity ae has yiven has finaing tor each of the contd. .P/4teaching stati. se do not propose to make any com Ment on the individual teachers as aii those teachers are not before uc. therefore, any obsecvation mide by us can affect their rignt antersise. However, we deave 1c open to che teachers to make their grievances aginst the ob:ervstione made by the Secretary Educa- tion Deparcint and. if they are aggrieveu, ey can chatlenge We same in thea: saiviuuss capacity in accoroance with Law". a Ie is pertinant t> veneion that I nave passed Mea. in, Bengali from ucKal Univesainy ana watch 18 proper qualiéteatton in Language Group for Beng: x subject. . Howaver, 1 cout Hcl. ventilate the aforesaid facto to you due to my disturbing far. ly condition and the oaucity of find never pernitted ne vo agitate tne same befure you for which 1 beg your mercy and fray ys goodself co be Kind enough to Kindly Lock snto the rater so that ay candidacare my be consi- dered afresh specially eakine into wcorunt that 1 have been working in the Hadrasea sh dueacion since wv Eiillse sat tefacto- raly upto the full eatistactfon of tne Madrasan. Duy fund stueneape ak Gime back oore lo. I Adke to dra particularty that one Sri Swazan numar Mortuas, ¢ eppeoved Avais~ tent Teacher in the Language coup transferces co anctner achool as head master in che yere, 0G anv ae auch the saia wa post ie also tying vacant s2nce Lhe bo, 40 these “ANRUs*wances atateu above, 1 om creyues~ cing your goossest £0 De Ree Aye [tA ent ¥ stares Font wee Of: cam RR (ats Pe) HPL a8 tat eqphterio rete ret ser often — 1g) emeanrRRe eR AR’ 3 orion Perera fede (after Arend fra eter ———— ef FRI oe! xe Ror tet CF) Ay Berson Span aN a? a\Index No. - 00050 - 103 Dated - 6/12/94 Mob.- 9735495232 (Recognised and Aided) Ghat declane Wet St ge of ER HRe- ane, ee anes PeseM. Mexdbraoah, visions je Mero Board off Madmowk Ech «Ran acedrded tee s 5 re Mack rae Te Hevde S of ita Va. Stabe of Seek me bw? Supreme Conn tne of bent ig Ti ae Ros was aloo Suk MM: tebe is oe Memo tw Ph ()-#8]o3 aS Thane is ho Vacancy & the Sorial Sess gee Se de dev Qu tbe neconrodatid de axarinakion I4 is reportie te wae +e 31-12 ae hs wk) es Nowe of M coe fe MA, Red. + Mrs Gh osk Fil narted Ris qnabigteatn, . Ry i SL My. Goxk ae ees (Ro) ne Comer | 2saa peat online Index No. - 00050 - 103, rae 6/12/94 fob.- 9735495232 SAHA MOSTANIA HIGH MADRASAH ecognised and Aided) Class V-X “pep te - Solel wet peak x Tee et ks pee : vice Commisoton jee At aqentten ane ane Noetania High dBase, Sah Psaor oe ines ae a4 iiozswent Sangal. ff Sowocls(s.é), Jn" assis oaart otetra ve Buildings, f: Hay tee i 201. oO” Scaools(s.8),South 24-Parganas. eabhon, waob Pengel. P,Q, Salt Lake City, wha Mostenta High Madrasuk, P.O, YIAE*Momo Wo.106(app.) wt. 53761994, In this idoydey dosh 12 fount in wertal no, 13. aSohod] Rdugatton Department, vide Hano uo. is2003 informed the School authority in Jopter SLP Wo.9057-9058 of 2001, that duo ysin-Sookal Science Group Sri Jeydev whe matter was forwarded vo Supreme Court ELvit appaal, tha Seoretery of School Education Das vide Homo Wo,O4cB(S) at, 15.01.39 eof Medreseh Soard ragarding approval of josh and asked to taka into consideration, P/2AGASAG AE Lo to babranarkable that Sri Joyday austen Ghoak Ls 4an¥on ing tqacher end he was appointed as A.sistant eee onaittee hearing letter No.Wi1 dated 28,9,92 tne fied along with Joining report on 1.10.92 socordingly, BAY. Spprovel in taras of G.a No. GeS9road vith @. Q.No,458-gan(s) or not, scien 40 SOUDH 26-PaRcanas, VOES(SE), KDWSte1e6 Inspector oF 5 BBENEE post for Bengali Ln Language group ie created he Govtsof west Bongad Of The DLateict Inopectar of school: South 24-Parganes;Naw acnini strative beh Tlaot}yAlipore,caLcutte-700027. 90. Dator Orde, 2012. Patelet Inspector of Semole(S.EP, South 2é-Pargenas, Ee i0l sector of Maccaeay Education, west Bas. igh shevan2nd fieor), South Block, sap tts Bscutts-tosas'. ‘GEphalaxs 4 Punasahe Mostanta igh Madrosan, Po, JhiarLexmipvs, OLat-Soyth 24-Peegsnes. HGBuOL' in 2007(HoKe Ho.2820/9/Pan/ 3B 4t.23. 3.2010, gnation of Swaps ee Sho’ declacotion of Tuachar in Chesge on 1 NondalyM.A in Gangalisl may v8 2008. voais(3.E) renorted in tivagr of shant of oydey Gnash tn nis lottwr mama me.I/S dee7- 1.14a2 Reaaraina Reagonad Order of Hon'bie High Supress court, bogsing the No,Weit Petition 2714(u) of 2009. GigE Agaianod order passed by the Hon'ble High Court No, WeseeRatition 2714(W) of 2009 regarding approval of avpointment. Z SrA orsFaicT INSPECTOR BF, scHOOLS, (Secondary Education), S5UTH 2h-PaRtGanns. w of Bras ‘of Me A(HSatory) of MA(Bangeli) nt Lettor. arking t1l1 3712320068 ah tn zeapeodaor 0,1 of Sepools's od .2055312% we Gym Sov aigBB District : South 24-Parganas In the High Court at Calcutta Constitutional Writ Jurisdiction ‘Appellate Side In the matter of: CAN No. (/¢Aof 2014 And In the matter of: W.P. No. 2714 (W) of 2009 And In the matter of: An application for appropriate order; And In the matter of: Joydeb Ghosh Petitioner -Versus- The State of West Bengal & Ors. Respondents, APPLICATION, GOURANGA KUMAR DAS Advocate Bar Association Room No.t High Court, Calcutta40 05.6.2023 Se Ct n0.22, 2 @-oJ— fennenewre oF WPA 2714 OF 2009 with LA, No. CAN 2 OF 2020 Joydeb Ghosh Vs. ‘The State of West Bengal & Ors. Mr. Gouranga Kumar Das Ms. Swati Mandal Ms. Iris Rahman. .-For the Petitioner Mr, Soumitra Bandopadhyay Ms. Iti Dutta Mr, Aniruddha Sen. ...For the State Mr, Nadeem Sulaiman ...For the Madrasah Board ‘This is a hearing matter. Despite directions made from time to time it appeared from record that the respondents chose not to file any affidavit-in-opposition. Considering the issue involved in this writ petition, this Court is of the firm view that, this writ petition though was filed in the year 2009, the petitioner had not yet received any attention of the authority on the issue raised by him and if the time to file affidavits is extended further, it will merely cause another period of inordinate delay in disposing of the grievance of the writ petitioner. ‘The moment the petitioner had raised his grievance, at least he has a right to know the fate of his grievance. He may succeed or he may not succeed, but he must be known of his fate of his grievance.. ‘The writ petitioner claimed to be an organising teacher at the relevant madrasah since his joining in the year 1992. The petitioner then claimed regularisation of his employment. Mr. Gouranga Kumar Das, learned advocate appearing for the petitioner referring to a direction of the Hon'ble Supreme Court dated September 30, 1996 issued in SLP{C) No.24195/93 at page 43 to the writ petition submitted that, pursuant to the direction of the Hon’ble Supreme Court the petitioner's employment was provisionally approved and he was receiving the salary accordingly. ‘The petitioner through this writ petition claimed regularisation of his service. Drawing attention to page 9 from an inter locutory application being CAN 1189 of 2014 affirmed on February 11, 2014, learned counsel for the petitioner referred to a decision of the Principal Secretary, Minority Affairs & Madrasah Education Department dated June 10, 2009 and submitted that, one Md. Saficul Islam who was a similarly placed candidate as that of the petitioner, had received his approval for the post of Teacher of the relevant madrasah. Learned counsel claimed that, the petitioner being similarly placed person must also get the identical relief as that of Saficul Islam.. Mr. Gouranga Kumar Das, learned advocate appearing for the petitioner then drew attention of this Court to a representation of the petitioner at page 92 to the writ petition claiming the petitioner's prayer for approval of appointment. Mr. Nadeem Sulaiman, learned counsel appearing for the West Bengal Madrasah Board, the respondent no.5, submitted that, the law of madrasah education had changed after 2009. At present the Madrasah Service Commission is the appropriate authority to take a decision on the issue, raised by the petitioner. Ms, Iti Dutta, learned advocate led by Mr. Soumitra, Bandopadhyay, Learned Advocate appeared for the State respondents. Considering the submissions made on behalf of the parties and considering the materials on record and the issue involved in this writ petition, to subserve justice, instead of keeping the writ petition pending, the Secretary, West Bengal Madrasah Service Commission is directed to decide the representation of the petitioner at page 92 to the writ petition upon giving at least seven days’ prior hearing notice to the petitioner and the respondent no.7 and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law. ‘The entire exercise, as directed above, shall be carried out and completed by the Secretary, West Bengal