WEST BENGAL MADRASAH EDUCATION BOARD Vs. SHAIKH SAHAJAMAL

JUDGEMENT

(1.) The writ petitioners/ respondents approached this Court by filing W.P. No. 12436(W) of 1999 and W.P. No. 17325(W) of 2001 challenging the grounds for not recognizing the Madrasah established by the writ petitioners/ respondents. The learned Judge dealt with the grounds upon which refusal to recognize was based, and while doing so took note of the fact that while one or two of the facilities available at the Madrasah established by the writ petitioners/ respondents are better than similar facilities available with other similarly placed institutions, which have got recognition, the Government and the Board have decided not to recognize the Madrasah established by the writ petitioners/ respondents for such shortcomings in relation to those facilities. It was pointed out that one of the facilities available with the Madrasah established by the writ petitioners/ respondents, is classrooms measuring about 280 sq. ft. each, which was termed as inadequate, but, schools having classrooms measuring about 160 sq. ft. only, have been recognised. By the order impugned the appellant Board has been directed to recognize the Madrasah/ School, established by the writ petitioners/ respondents with direction upon the District Inspector of Schools for taking steps to give approval of appointment to the staff of the said Madrasah.

(2.) In terms of Article 41 of the Constitution it is the obligation of the State to make effective provision for securing the right to, amongst others, education within the limits of its economic capacity. In terms of Article 45 of the Constitution it is the obligation of the State to provide free and compulsory education for all children until they complete the age of 14 years. Articles 41 and 45 are contained in Part IV of the Constitution. In terms of the provisions contained in Article 37 of the Constitution, the provisions contained in Articles 41 and 45 of the Constitution are not enforceable by Courts, nevertheless in terms of Article 37 of the Constitution the principles laid down in Articles 41 and 45 of the Constitution are fundamental in the governance of the country and it is the duty of the State to apply those principles in making laws.

(3.) In order to apply the principles contained in Articles 41 and 45 of the Constitution, the State Government has made appropriate laws. One of them is the West Bengal Primary Education Act, 1973. The other three of such Laws, with which we are concerned here, are the West Bengal Board of Secondary Education Act, 1963, the West Bengal Council of Higher Secondary Education Act, 1975 and the West Bengal Board of Madrasah Education Act, 1994.