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Mr. Sanyal submitted that the impugned memo has not been issued under Article 166 of the Constitution of India. Hence, the Government cannot spend any amount on account of payment to the Imams.
Mr. Sanyal further submitted that payment of honorarium to the Imams in West Bengal by the State Government is not a public purpose and therefore, no grant can be made under Article 282 of the Constitution of India. The learned counsel of the writ petitioners submitted that the State cannot take shelter under Article 282 of the Constitution of India in the present case since the impugned memo has not been issued for any public purpose and is totally an unconstitutional one.
Mr. Mitra submitted that such policy of the Government is in implementation of the Directive Principles as contained in Article 39 (a) and Article 46.
According to Mr. Mitra, State Government is under an obligation to promote the educational and economic interests of the weaker section of the people and also to protect them from social injustice and exploitation. Mr. Mitra, therefore, submitted that when in furtherance of the aforesaid objectives, State Government has decided to pay honorarium to the Imams and Muazzins under Article 282 of the Constitution of India, it cannot be questioned in a Court of Law under Article 226 of the Constitution of India.

In the present case, the grant has been made by the State Government for payment of honorarium to the Imams and Muazzins by exercising power under Article 282 of the Constitution of India. There is no dispute that the State may make any grant under Article 282 for public purpose only. Therefore, it is now to be decided whether the payment of honorarium to the Imams and Muazzins by the State Government can come within the meaning of public purpose.

The learned counsel of the petitioners in all the aforesaid writ petitions have specifically argued that payment of honorarium to the Imams and Muazzins cannot be said to be a public purpose within the meaning of Article 282 of the Constitution of India. The practice of religion is not a public purpose. Religion is purely a personal matter of an individual. Leading the prayer for a particular religious community is not a state function and as such cannot be termed as a public purpose.

The public purpose mentioned in Article 282 cannot be a purpose which offends the provisions of Article 14 and 15 (1) of the Constitution of India.

We have no manner of doubt that by the impugned memo dated 9th April, 2012, State Government decided to provide honorarium to few individuals of a particular religious community and the aforesaid consideration of the State Government for making payment of honorarium is based on religious consideration and nothing else.