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a. The non-Govt. Aided Madrasahs are facing severe shortage of teachers and non-teaching staff At present there are total 5734 vacancies in teaching and non-teaching posts of Madrasahs of which more than 4500 posts are vacant in Assistant Teacher posts. Transfer of teachers from Madrasahs to Schools will lead to further increase in vacancies in Madrasahs resulting to acute problem in teaching of Madrasah students b. Fresh recruitment for appointment of staff in vacancies of Madrasahs will take time due to pending court cases in the Hon'ble Supreme Court and High Court till that time the students of the Madrasahs will suffer c. Out of 19 petitioners, 12 petitioners had applied to the W B Madrasah Service Commission for transfer As they have not got preferred Madrasahs for transfer, they want to be covered under the Utsashree portal. They still have recourse to get transferred according to the WB Madrasah Service Commission Recruitment (Selection and recommendation of persons for Appointment and transfer to the Posts of Teachers and non-teaching Staff) Rules 2010 as per their merit d. The petitioners get same monetary benefits as of teachers of recognized aided school.

48. In the year 2014, some provisions of West Bengal Madrasah Service Commission Act 2008, had been declared ultravires and the said issue continued till 6th January 2020 and ultimately the Hon'ble Supreme Court held that the West Bengal Madrasah Service Commission Act 2008 as Constitutional. The West Bengal Madrasah Service Commission due to the long pendency of the litigation since 2014-2020 could not undertake any recruitment process. Due to pendency of the litigations the non-Government aided Madrasahs are facing severe shortage of teachers and non-reaching staff. At present there are total number of 5734 vacancies in teaching and non- teaching posts in different Madrasahs all over West Bengal of which more than 4500 posts are vacant in Assistant Teachers category. The transfer of teachers from Madrasahs to Secondary Schools will lead to further increase in vacancies in Madrasahs resulting to acute problem in teaching of Madrasah students.