Mabud Saikh & Anr vs State Of West Bengal & Ors.

This writ application has been filed challenging the order dated April 25, 2016 passed by the District Inspector of Schools (S.E.), Uttar Dinajpur pursuant to the direction given in W.P. No.24846(W) of 2014 on February 11, 2016.

The contention of the petitioners is that they were working as non‐teaching and teaching staff of Ampara Junior High Madrasah in the district of Uttar Dinajpur.

According to them, when the School was recognized in 2011, they were not given any appointment.

The District Inspector of Schools(S.E.), Uttar Dinajpur by his order dated April 25, 2016, rejected the claim of the petitioners on the ground that the School was recognized as a new set up Junior High Madrasah and as such, the question of granting approval for appointment to the petitioners as organizing teaching and non‐teaching staff of Ampara Junior High Madrasah in the district of Uttar Dinajpur did not arise.

The contention of Mr. Bhattacharyya is that the District Inspector of Schools (S.E.), Uttar Dinajpur did not consider the grievances of the petitioners, as agitated before the said District Inspector of Schools at the hearing, who mechanically passed an unreasoned order.

Mr. Siddiqui, the learned Advocate for the State, who is assisted by Mr. Bari, submits that the order of the District Inspector of Schools(S.E.), Uttar Dinajpur contains the reasons and in the present case, since there was a new set up of Junior High Madrasah, the question of granting approval for appointment to the petitioners as organizing teaching and non‐teaching staff of Ampara Junior High Madrasah in the district of Uttar Dinajpur did not arise and it is only the School Service Commission, it can recommend their approval for appointment. Mr. Siddiqui further submits that that the concerned Managing Committee on and from 2011 had already accepted this position and recognisition of such Madrasah as a new set up.

It is the contention of the writ petitioners that they are still in continuing with such services despite the fact the School was recognized as a new set up of Junior High Madrasah and as such, this aspect should have been considered by the District Inspector of Schools concerned while passing the order impugned to this writ application.

Having heard the respective submissions of the learned Advocates for the parties, this writ application stands disposed of with a direction upon the Director of Madrasah Education, West Bengal, the respondent No.3 herein, to consider the grievances of the writ petitioners and pass a reasoned order upon hearing to all concerned parties within a period of four weeks from the date of communication of this order and if the aforesaid Director finds no substance with regard to the grievances of the writ petitioners, then he shall assign the reasons for such rejection of the claim of the petitioners. Such order shall be communicated to the petitioners with a week thereof.

There will, however, be no order as to costs.

Let urgent Photostat certified copy of this order, if applied for, be given to the parties at an early date.