The Managing Committee, Bheramari A.M. High Madrasah & Anr. vs The State Of West Bengal

NON­REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. 5368 OF 2020

THE MANAGING COMMITTEE, BHERAMARI A.M. HIGH MADRASAH & ANR. ...APPELLANT(S)

VERSUS

THE STATE OF WEST BENGAL & ORS. .... RESPONDENT(S)

WITH

SPECIAL LEAVE PETITION (CIVIL) NO. 5369 OF 2020 [THE MANAGING COMMITTEE, METEKONA MOULANA ABU TAHER SENIOR MADRASAH & ANR. VS. THE STATE OF WEST BENGAL & ORS]

ORDER

1. The petitioners challenge the orders passed by the

Signature Not Verified Division Bench of the High Court of Calcutta dated 19.2.2020 Digitally signed by CHARANJEET KAUR Date: 2020.03.18

thereby dismissing the appeals filed by the petitioners, which, 16:11:00 IST Reason: 2

in turn, were filed by them being aggrieved by the orders

passed by the single judge of the High Court dated

24.12.2019 vide which the writ petitions filed by the

petitioners came to be rejected.

2. Dr. Rajeev Dhavan, learned Senior Counsel

appearing on behalf of the petitioners, submits, that the

single judge of the High Court erred in directing appointment

of an Administrator.

3. Undisputedly, the petitioners – Managing

Committees came to be elected in the year 2015 and, that the

term of the said Managing Committees came to an end in the

year 2018. Under sub­rule (11) of Rule 5 of the Management

of recognised Non­Government Madrasahs (Aided and

Unaided) Rules, 2002 (hereinafter referred to as “the said

Rules”), if the Head of the Madrasah fails or neglects to

convene the meeting for the purpose of approving the election

programme for holding of an election for constitution or

reconstitution of the Committee, the District Inspector of 3

Schools is entitled to entrust all works pertaining to the

election to the Assistant Headmaster/Assistant

Superintendent and, if there is no Assistant

Headmaster/Assistant Superintendent available, to the

senior­most approved Assistant Teacher of the Madrasah.

Under Rule 8 of the said Rules, the Madrasah Board

is also entitled to appoint an Administrator.

4. From the perusal of the record, it would reveal, that

the petitioners – Managing Committees of the Madrasahs

failed to initiate the process of election for reconstitution of

the Committee within the prescribed period.

5. As such, we see no reason to interfere with the

orders of the single judge of the High Court thereby, granting

liberty to the Madrasah Board to appoint an Administrator

and further directing the Board to facilitate the election of a

new Managing Committee and hand over the affairs of the

School to such elected body as per the prevalent rules.

6. The Special Leave Petitions, therefore, are disposed

of. However, we direct the respondent Nos. 6 and 7 i.e. the 4

West Bengal Board of Madrasah Education, Kolkata and the

District Inspector of Schools (S.E.), Birbhum to appoint an

Administrator(s) within a period of four weeks from today and

further direct the Administrator, so appointed, to conduct the

elections of the Managing Committees within a period of eight

weeks from the date of his appointment.

…....................CJI.

[S.A. BOBDE]

......................J. [B.R. GAVAI]

......................J. [SURYA KANT]

NEW DELHI;

MARCH 18, 2020