HAZI MOHAMMAD TAFIUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule was obtained without any interim order on the 28th January, 1976 and even though the same was made ready as regards service on 26th May, 1977, there has neither been any opposition by the Respondents nor any appearance entered by or on their behalf.

(2.) THE Rule is directed against two orders in Annexure-D and G. The order in Annexure-D is dated 2nd February, 1973 and is a resolution reconstituting the West Bengal Madrasha Education Board (hereinafter referred to as the said Board) and the order in Annexure G is a proceeding of the said Board dated 18th December, 1975, whereby they have not recognized the Dwiporpar Sifatulla Senior Madrasha (hereinafter referred to as the said Madrasha), of which the petitioner Nos 1, 2 and 3 are the President, Vice President and the Secretary and petitioner Nos. 4 to 11 are the members of the Managing Committee.

(3.) IT is the case of the petitioners that they are members of the Managing committee of the said Madrasha, which was established for the purpose of teaching and training boys and girls of the locality, within the sub-division of tufangang, District-Coochbehar in Islamic culture and religion. They have stated that the said Madrasha was started long before purely on private initiative of the local Muslims and the land on which the said Madrasha is situate belong to the said Madrasha and that apart, the said Madrasha have other lands, obtained through bonafide gifts and donations.