Calcutta HC Directs Secretary, Minority Affairs and Madrasah Education Department to Adhere to Orders

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The Calcutta High Court on 7.12.2020 heard the case of The Director of Madrasah Education, Government of West Bengal Vs. Azad Modal and ors. The Order passed was regarding an appeal made against the Order passed by the High Court on 4th December 2018. 

Brief Facts

The Appellant appealed against a similar Order dated 28th May 2019 which the Court disposed of by delivering a common Order on 27th January 2020. The Court further explained the Order by directing the Secretary, Minority Affairs and Madrasah Education Department to ascertain whether the Writ Petitioners were working and possessing the required qualifications in terms of the notification dated 3rd March 2016 and whether their appointments were made in terms of the notification dated 3rd March 2016.

This was regarding the controversial dispute arising from alleged ineffectiveness of Madrasah Education, functioning according to proper requisite which included the main issues of salary arrears which the Writ Petitioners are entitled to.

Court’s Decision

The Court further explained that in the event the Writ Petitioners fulfilled the required criteria and the Court also felt that the Writ Petitioner is entitled to interim measures in terms of the Order dated 28th May 2019. The Court further directed the concerned authority to decide this issue within a period of six weeks from the date after giving an opportunity of hearing to one of the representatives of the Writ Petitioners as also the concerned Madrasah and dispose of such representation by a reasoned order which shall be communicated to the Writ Petitioner within a week thereafter.

Furthermore, they said that there is no immediate need for the Respondent authorities to release the salaries including the arrears as it would depend upon the factual consideration of the matter by the Secretary Minority Affairs and Madrasah Education Department in terms of our Order, Unless it is found that the Writ Petitioner is entitled to such salaries including arrears pursuant to the examination of the claims the Writ Petitioner in terms of the notification dated 3rd March 2016, the Respondent authorities shall immediately release the salaries including the arrears payable as also their current salary and pass an appropriate direction to that effect.

Click here to view the Judgement.


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