Calcutta High Court (Appellete Side)
Md. Mujibar Rahaman Molla & Ors vs The State Of West Bengal & Ors on 11 July, 2014
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
11.07.2014
srm
W.P. No. 19261 (W) of 2014
Md. Mujibar Rahaman Molla & Ors.
Versus
The State of West Bengal & Ors.
Mr. Biswaroop Bhattacharya,
Mr. Gomal Mohiuddin
...For the Petitioners.
Md. Yamin Ali,
Mr. Manas Kumar Sadhu
...For the State.
Let affidavit‐of‐service be kept on record.
This writ application is filed by the petitioners for a direction upon the
respondent authority to approve their appointments in the post of teaching and
non‐teaching staff, as the case may be, of Hussainia Madhyamik Shiksha Kendra (Senior Madrasah Type), District‐South 24‐Parganas under the category of organising staff of the above institution.
Having heard the learned Counsel appearing for the respective parties as also after considering the materials on record, I find that admittedly the above educational institution was converted to Senior Madrasah Type with effect from February 1, 2011. It is not dispute that their names appeared in the report submitted by the District Level Inspection Team. It is also not in dispute that the appointments of some of the organising staff have already been approved 2 by the respondent authority by an order passed under Memo No.325/MA/12 dated August 1, 2012. But the appointments of the petitioners have not been approved by the respondent authority. A representation dated June 2, 2014 (Annexure P/9 at page 48 of this writ application) submitted by the petitioners to the respondent No.4 in this regard is still pending.
I direct the respondent No.4 to pass a reasoned order in accordance with law in respect of the above representation of the petitioners and to communicate such decision to all concerned including the petitioners within a period of two months from the date of communication of this order after giving opportunity of hearing to the petitioners and an authorised representative of the Madrasah concerned.
I make it clear that I have not entered into the merits of this case and all points are kept open.
This writ application is, thus, disposed of.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )