Calcutta High Court (Appellete Side)
Md. Tojibur Rahaman & Anr vs District Primary School Council & Ors on 18 December, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
18.12.2017 W.P. 29075 (W) of 2017
sk)
Md. Tojibur Rahaman & Anr.
Vs
District Primary School Council & Ors.
Mr. Prahlad Chandra Ghosh
Mr. Subir Hazra
.......for the petitioner.
Mr. N.C.Bihani
Ms. Srijoni Chongdar
......for the Board of Madrasah.
Mr. Jayanta Kumar Das
Mr. Gourav Das
....for the respondent no. 6.
Mr. Subhrangsu Panda ...for the State.
The petitioners have filed the present writ petition for direction upon the respondent nos. 2 & 3 to consider and take a decision in respect of the petitioners' application regarding election dispute raised on 8th November, 2017.
Mr. Ghosh, learned Advocate appearing for the petitioners submits that long back on 8th November, 2017, petitioners already submitted application thereby raising so many illegalities committed in the election of the guardian category of the Talbangrua High Madrasah, P.O. Talbangrua, District-Malda. Unfortunately till date, no step has been taken by the Madrasah Board in respect of the 2 petitioners' representation. As a result whereof the elected committee is carrying on the management of the school affairs.
Mr. Bihani, learned Advocate appearing for the Board submits that the Board has already taken care of the petitioners' dispute.
Mr. Das, learned Advocate appearing for the respondent no. 6, Headmaster submits that no notice has been given by the Board to the respondent no. 6 regarding the hearing in respect of the alleged dispute raised by the petitioners vide a letter dated 8th November, 2017.
Considering the submissions as advanced by the learned Advocates appearing for the parties and after perusing the records, I direct the respondent nos. 3, the President, West Bengal Board of Madrasah Education to consider and take a decision in respect of the petitioners' election dispute raised on 8th November, 2017 within four weeks from the date of communication of this order after giving an opportunity of hearing to the petitioners or their authorized representatives and the respondent no. 8, Headmaster and other interested parties and thereafter communicate the decision to the petitioners within one week thereafter.
Needless to mention, if it is found in the hearing that illegality was committed in the said election of the guardian, then the Board is at liberty to take appropriate step for appointment of D.D.O as well as Administrator.
3Needless to mention I have not gone into the merits of the case and all points are kept open to be decided by the respondent no. 3, the President, West Bengal Board of Madrasah Education, Malda at the time of hearing in accordance with law.
Since the writ petition is disposed of without calling for affidavits, allegations made in the writ petition are deemed not to have been admitted.
With this direction, the writ petition is disposed of. No order as to costs.
Urgent photostat certified copy of this order if applied for, be given to the parties on priority basis.
( Samapti Chatterjee J.)