ALAUDDIN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE above matter has been assigned to this bench by the then Hon'ble acting Chief Justice, by His Lordship's order of determination dated 1st march 2007 for answering two following questions framed by a learned single judge as stated hereinafter. It is necessary to narrate briefly the fact of this case.

(2.) THE petitioners in the writ petition are the office bearer of the organising managing committee and teaching and non-teaching staff of a Junior High Madrasah situate at village Mohhamadpur, Police station Noida, District Murshidabad. This Madrasah was originally established in the year 1922 and got recognition of the Government of bengal upto classes V and VI for a period ending 31st December 1944, subsequently got extension for a further period of 5 years ending 1949. This Madrasah functioned till 1952 and thereafter due to communal disturbances it could not be run after 1952 and ceased to exist as teaching and non-teaching staff left this village for erstwhile East pakistan because of the said disturbances for the safety and security of their lives. Thereafter effort was made in or about 25th, December 1993 for revival of the said Madrasah as such on and from 1st May 1994 with the appointment of 6 teaching and two non-teaching staff the said madrasah was sought to revive initially with opening of classes V and vi and thereafter upgrading by two Classes VII and VIII on and from 1st may 1995 and 1996 respectively. Initially the strength of the students was 150 with the adequate number of teaching and non-teaching staff thereafter students in the said Madrasah in its roll have increased now upto 302. It is claimed that all infrastructures are available, funds are sufficient to meet the requirements of the Madrasah. With the aforesaid background these writ petitioners made application for revival of recognition as it was done previously. The instances of three Madrasahs are given where the Government has revived recognition for restarting the Madrasah. According to the petitioners they are standing on the same footing as those three institutions did. The application for revival of recognition was not considered. Inevitably these writ petitioners approached this Court by filing a writ petition being W. P. No. 5623 (W) of 1997. The said writ petition was disposed of by order passed by a learned single judge of this Court giving direction. The said writ petition was duly contested by the State Government. Upon hearing His Lordship the then Hon'ble Mr Justice S. B. Sinha (as His Lordship then was) pleased to give following direction by the said order:

(3.) IN purported compliance of the said order it appears that all the aforesaid officials including the State Government considered and thereafter the matter was decided by Madrasah Board by passing an order dated 12th October 1999, whereby and whereunder the Madrasah board refused to revive the recognition on the ground that the recognition committee of the Board did not recommend revival of recognition on the various ground namely (i) it ceased to function long time back, (ii) There is a High School within 5 km. (iii) DLIT did not recommend the Madrasah for recognition. Moreover this application should be treated as a fresh proposal for recognition, as such prayer for revival of recognition was not granted.