SNEHASIS GIRI Vs. SUBHASIS MITRA

JUDGEMENT

(1.) Leave granted in SLP(C) No. 3352 of 2021. Permission to file Contempt Petitions in Civil Appeal No. 5808/ 2017 is granted. These are taken along with the remaining above-mentioned Contempt Petitions.

(2.) This order will dispose of several contempt petitions which complained of willful and deliberate violation of judgment of this Court in Shaikh Md. Rafique v. Managing Committee, Conti Rahamania High Madrasah and Ors,2020 (6) SCC 689. This court had to consider the correctness of the view expressed by the Calcutta High Court which held that some provisions of the West Bengal Madrasa Service Commission Act, 2008 (hereafter, "the Act") was unconstitutional. Those provisions regulated the process of appointment of teachers in aided Madrasas which were recognized as minority institutions. This court recorded its finding that the provisions in question, i.e., Ss. 8, 10, 11 and 12 of the Act were valid and constitutional. At the same time the court was conscious that some appointments were made by the madrasas during the pendency of the appeals and held as follows:

(3.) All the petitioners argued that even during the pendency of the proceedings in appeal, contempt proceedings had been drawn seeking release of salaries of teachers who were appointed after the provisions of the Act were declared unconstitutional by the High Court. The petitioners advert to interim orders dtd. 10/5/2016, 1/8/2016, 17/5/2018, directing that those recruited or working during the pendency of the proceedings ought to be paid salary. It is argued that the effect of the judgement is that even while upholding the provisions of the Act, the court at the same time protected the recruitment of the petitioners. In these circumstances, denial of the benefit of regular service to them on one pretext or the other by the respondent contemnors amounts to deliberate and willful disregard of the Act, and calls for appropriate stringent action.