NEW DELHI: The Supreme Court on Monday upheld the constitutional validity of the West Bengal Madrasah Service Commission Act, 2008, clearing the way for appointment of teachers in madrasas in the state. The court also upheld the appointment of teachers made by the commission constituted under the Act.
A bench of Justices Arun Mishra and U U Lalit set aside a Calcutta High Court verdict which held the legislation as unconstitutional and said that appointments made by the madrasa management committees till now will also remain valid.
The Act mandates that the appointment of teachers in madrasas will be decided by a commission. Several pleas were filed challenging the law, contending that the government, which funds or provides aid to minority institutions, can formulate guidelines for appointments of teachers but cannot itself appoint them.