Supreme Court rejects plea to regularise over 350 Madrasa teachers and staffs in West Bengal

The pleas challenged a 2023 panel's finding that appointments made before the 2020 judgment upholding the validity of the WB Madrasah Service Commission Act, 2008, were invalid.
A view of the Supreme Court of India building in New Delhi.
A view of the Supreme Court of India building in New Delhi.(File Photo | EPS)
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NEW DELHI: Supreme Court on Monday dismissed a batch of petitions filed by teaching and non-teaching staff of recognised Madrasas in West Bengal, seeking regularised appointment and grant-in-aid pay.

Delivering the judgment, a two judge bench comprising Justices Dipankar Datta and Augustine George Masih said none of the 13 test cases scrutinised by the Court made out grounds for relief by these teaching and non-teaching staff of recognised Madrasas in West Bengal.

"We proceeded on the basis that if any one of these 13 petitioners persuaded us to hold in his or her favour, we would examine the remaining cases as well. Unfortunately, none of the 13 petitioners could impress us," the Bench observed in its judgement.

The Court in its ruling said it had examined the claims pursuant to its 2023 order that set up a committee to look into payments under the State’s grant-in-aid scheme.

"Therefore, we have not only rejected the claims of all 13 petitioners whose cases were scrutinised, but have also rejected the claims of all the remaining petitioners. All the writ petitions are devoid of merit and are accordingly dismissed."

The dispute is connected to the West Bengal Madrasa Service Commission Act, 2008, which created a statutory commission to recommend appointments of teachers in recognised Madrasas.

Following this, a batch of cases was filed in the Calcutta High Court. In 2014, a single-judge bench struck down the Act, a decision that was subsequently upheld by a Division Bench in 2015. Dismissing all the petitions, the court observed, "All the writ petitions are devoid of merit and are accordingly dismissed."

The petitioners then moved the top court by filing the plea -- under Article 32 of the Indian Constitution -- and challenging the denial of regular appointment by the committee.

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