NIJAM UDDIN MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE six petitioners in this WP under art.226 dated July 27, 2007 are seeking a mandamus commanding the respondents to approve their appointments as organising teachers in Meyanapur Meherabia High Madrasah in South 24-Parganas.

(2.) WITH effect from January 1, 1975 the institute in question was recognized as a 4- Class Junior High Madrasah. The Managing Committee of the institute decided to open classes IX and X; in consequence of the decision the Committee took a resolution dated December 25, 1995 (at p.59) to appoint the petitioners as teachers in the unrecognized section.

(3.) ADMITTEDLY, names of the petitioners were not mentioned in the inspection report that led to upgradation of the institute from a 4-Class Junior High Madrasah to a High Madrasah. Correctness of the report leading to the order of upgradation issued by the Board was never questioned by the Managing Committee of the Junior High Madrasah that applied for recognition of the unrecognised upgraded section.