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Md. Obaidur Rahman vs State Of West Bengal . on 23 August, 2016

Bench: Pinaki Chandra Ghose, Amitava Roy

     ITEM NO.1                                    COURT NO.8                       SECTION XVI

                                        S U P R E M E C O U R T O F            I N D I A
                                                RECORD OF PROCEEDINGS

                                           Civil Appeal         No(s).   2912/2010

     MD. OBAIDUR RAHMAN                                                              Appellant(s)

                                                                VERSUS

     STATE OF WEST BENGAL & ORS.                                                     Respondent(s)

     (With office report)


     Date : 23/08/2016 This appeal was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE
                             HON'BLE MR. JUSTICE AMITAVA ROY

     For Appellant(s)
                                               Mr. Miten Mohapatra, Adv.
                                               Ms. Manjeet Kirpal,Adv.
     For Respondent(s)
                                               Mr. Soumik Ghoshal, Adv.
                                               Mr. Parijat Sinha,Adv.

                                UPON hearing the counsel the Court made the following
                                                   O R D E R

Heard the learned counsel appearing for the parties.

The record suggests that the appellant has been working as Assistant Teacher since 2006 against a post reserved for Scheduled Tribe. The instructions furnished by the Joint Secretary to the Government of West Bengal vide communication No.1670-MD dated 22-8-2016 is amongst others to the effect that by Notification dated 12-10-2007 the aided and recognized Madrasahs of the State had been declared minority educational institutions and the recruitments against the vacancies therein were to be made through the School Service Commission Act, 1997/West Bengal Madrasah Service Commission Act, 2008.

In view of the fact that the appellant has been working as 15:13:38 IST Reason: Assistant Teacher in Senior Madrasah i.e. J.M.O. Madrasah, Batna, Malda District since 2006 without any remuneration for the services rendered since then, we feel it would be in the interest of  -2- complete justice that in the singular facts and circumstances of the case, his services in the said post be regularized by relaxing the rigour of the State Reservation Policy, as claimed to be applicable, by keeping a post reserved for Scheduled Tribe for future.

In the above premise, without creating a precedent, we would request the Chief Secretary of the State to explore the possibility of considering the case of the appellant sympathetically and to sanction appropriate steps to allow him to continue in the afore-mentioned post and regularize his service in the said post from the date of his appointment and grant him all consequential benefits.

Let a Report on the steps taken be furnished to this Court within a period of four weeks from the date of communication of this order.

List the matter after four weeks.

      (VISHAL ANAND)                              (SNEH LATA SHARMA)
       COURT MASTER                                  COURT MASTER