SALAUDDIN MIAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The writ petitioner is the Secretary of Abeshkuri High Madrasah situated at Gangarampur in the district of Dakshin Dinajpur. It appears that on the death of the Assistant Teacher in the Advanced Arabic group on 3rd February, 1994, the said post became vacant and the authorities of the Madrasah applied to the District Inspector of Schools (S.E.), Dakshin Dinajpur, for prior permission to fill up the said post. Such permission was granted by the District Inspector of Schools (S.E.), Dakshin Dinajpur, by his Memo dated 28th April, 1997, with a direction upon the school authorities to fill up the post through the Employment Exchange from a Scheduled Caste candidate, as the vacancy was required to be filed up by a Scheduled Caste candidate as per the 100 point roster. The requisite qualification that a candidate was required to have, as indicated in the prior permission given by the District Inspector of Schools, was Mumtazul Majahethin, M.M. for short, which deals with Islamic Theology.

(2.) Pursuant to the permission given by the District Inspector of Schools, the authorities of the Madrasah applied to the Employment Exchange for sponsoring the names of Scheduled Caste candidates with M.M. qualification for filing up the post, but the local Employment Exchange was unable to sponsor a single name and forwarded the application of the Madrasah to the Special Employment Exchange for Scheduled Castes and Scheduled Tribes, Purta Bhaban, Salt Lake City, for sending the names of eligible candidates to the Madrasah. By its Memo dated 21st June, 1997, the Employment officer, Special Employment Exchange for S.C./S.T. informed the local Employment Exchange and the Secretary of the Madrasah of his inability to sponsor the names of eligible candidates owing to non-availability of Scheduled Caste candidates having M.M. qualification.

(3.) Thereafter, the authorities of the Madrasah published an advertisement in the Bengali daily "Aajkal" on 16th September, 1997, inviting applications from Scheduled Caste candidates, having M.M. qualification, for filling up the post. No response was, however, received to such advertisement.