Calcutta High Court (Appellete Side)
Jangipur Muniriah High Madrasah vs The State Of West Bengal & Ors on 10 June, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
10.6.2019 Court No. 37 Item No. 7 Ashoke W.P. 8494(W) of 2019 The Managing Committee, Jangipur Muniriah High Madrasah
-versus-
The State of West Bengal & Ors.
Ms. Madhurima Sarkar.
... For the Madrasah Service Commission.
This writ petition has been filed challenging the inordinate delay on the part of the Madrasah Service Commission in disposing of the application for transfer of the petitioner from Hatkhola High Madrdsah, Nadia, to any other Madrasah in Burdwan.
It is submitted by the learned advocate for the Madrasah Service Commission that due to the pendency of the Civil Appeal before the Hon'ble Apex Court in which the legality of the order of this Hon'ble Court striking down the West Bengal Madrasah Service Commission Act as ultra vires is under challenge, the Commission has decided as a matter of policy, not to process any transfer application. As such, the petitioner's application has not been considered and is pending for consideration.
Under such circumstances, an opportunity should be given to the Commission to justify its stand.
Let the affidavit-in-opposition be filed within two weeks from date, reply, if any, be filed by the petitioner within one week thereafter.
Let this matter appear in the monthly combined list of July, 2019.
(Shampa Sarkar, J.) 1 1