THE MANAGING COMMITTEE BHERAMARI A.M. HIGH MADRASAH Vs THE STATE OF WEST BENGAL
Bench: HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE SURYA KANT
Judgment by: HON'BLE THE CHIEF JUSTICE
Case number: SLP(C) No.-005368 / 2020
Diary number: 7575 / 2020
Advocates: SARLA CHANDRA Vs
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. 5368 OF 2020
THE MANAGING COMMITTEE, BHERAMARI A.M. HIGH MADRASAH & ANR. ...APPELLANT(S)
THE STATE OF WEST BENGAL & ORS. .... RESPONDENT(S)
SPECIAL LEAVE PETITION (CIVIL) NO. 5369 OF 2020 [THE MANAGING COMMITTEE, METEKONA MOULANA
ABU TAHER SENIOR MADRASAH & ANR. VS.
THE STATE OF WEST BENGAL & ORS]
O R D E R
1. The petitioners challenge the orders passed by the
Division Bench of the High Court of Calcutta dated 19.2.2020
thereby dismissing the appeals filed by the petitioners, which,
in turn, were filed by them being aggrieved by the orders
passed by the single judge of the High Court dated
24.12.2019 vide which the writ petitions filed by the
petitioners came to be rejected.
2. Dr. Rajeev Dhavan, learned Senior Counsel
appearing on behalf of the petitioners, submits, that the
single judge of the High Court erred in directing appointment
of an Administrator.
3. Undisputedly, the petitioners – Managing
Committees came to be elected in the year 2015 and, that the
term of the said Managing Committees came to an end in the
year 2018. Under subrule (11) of Rule 5 of the Management
of recognised NonGovernment Madrasahs (Aided and
Unaided) Rules, 2002 (hereinafter referred to as “the said
Rules”), if the Head of the Madrasah fails or neglects to
convene the meeting for the purpose of approving the election
programme for holding of an election for constitution or
reconstitution of the Committee, the District Inspector of
Schools is entitled to entrust all works pertaining to the
election to the Assistant Headmaster/Assistant
Superintendent and, if there is no Assistant
Headmaster/Assistant Superintendent available, to the
seniormost approved Assistant Teacher of the Madrasah.
Under Rule 8 of the said Rules, the Madrasah Board
is also entitled to appoint an Administrator.
4. From the perusal of the record, it would reveal, that
the petitioners – Managing Committees of the Madrasahs
failed to initiate the process of election for reconstitution of
the Committee within the prescribed period.
5. As such, we see no reason to interfere with the
orders of the single judge of the High Court thereby, granting
liberty to the Madrasah Board to appoint an Administrator
and further directing the Board to facilitate the election of a
new Managing Committee and hand over the affairs of the
School to such elected body as per the prevalent rules.
6. The Special Leave Petitions, therefore, are disposed
of. However, we direct the respondent Nos. 6 and 7 i.e. the
West Bengal Board of Madrasah Education, Kolkata and the
District Inspector of Schools (S.E.), Birbhum to appoint an
Administrator(s) within a period of four weeks from today and
further direct the Administrator, so appointed, to conduct the
elections of the Managing Committees within a period of eight
weeks from the date of his appointment.
…....................CJI. [S.A. BOBDE]
......................J. [B.R. GAVAI]
......................J. [SURYA KANT]
NEW DELHI; MARCH 18, 2020