ABDUS SALAM MAHALDER Vs. STATE OF W B

JUDGEMENT

(1.) This writ application is directed against the action of the respondents in not recognising Benadaha A. K. M. Junior High Madrasah (hereinafter referred to as the Madrasah).

(2.) The petitioners have, inter alia, challenged an order dated June 28, 2004 of the West Bengal Board of Madrasah Education rejecting the prayer for recognition of the Madrasah. The grounds for rejection of the Madrasah as set forth in the impugned order are as follows: "1. The said Madrasah was established only in 1993. Violating the G. 0.643-Edn(S) dt. 5.6.86. 2. The building and other infrastructure are poor. So is the attendance of the students. 3. There is another Madrasah at a distance of 5 k.m. The (S. E.) Deptt., Govt. of W. B. also not recommended for granting recognition of the Madrasah". The Govt. order referred to in the order impugned provides for approval to set up a Madrasah. The directions in the Government order are not mandatory and cannot be a ground for rejection of an application for recognition of a Madrasah.

(3.) The fact that a Madrasah should be established in 1993 cannot also be a ground for rejection of an application for recognition.