The Managing Committee, Metekona Moulana Abu Taher Sr. Madrasah and Anr. Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

The Managing Committee, Metekona Moulana Abu Taher Sr. Madrasah and Anr. Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both writ petitions (WPA 13194 of 2025 and WPA 17159 of 2025) disposed of with the direction that respondent no. 8, the Assistant Inspector of Schools/Administrator, conduct elections of the Managing Committee within April, 2026 and take steps for constituting the new Managing Committee in accordance with law; connected applications, if any, stand disposed of; interim orders, if any, stand vacated; no order as to costs.

Issue for consideration

Whether the order of appointment of the Drawing & Disbursement Officer issued by respondent no. 6, the District Inspector of Schools (S.E.), Birbhum, dated 6th May, 2025, was valid/proper (challenged in WPA 13194 of 2025). +2 more

Ratio / Principle

Respondent no. 8, Jahangir Kabir, the Assistant Inspector of Schools/Administrator, is directed to conduct elections of the Managing Committee within April, 2026 and take steps for constituting the new Managing Committee in accordance with law.

Key takeaways

Since no affidavits were called for, the allegations made in the writ petitions are deemed to be not admitted.obiter¶19

Detailed headnote1 paragraphs

Constitutional Writ (Appellate Side), High Court at Calcutta — Madrasah administration, Birbhum. Twin writ petitions by The Managing Committee, Metekona Moulana Abu Taher Sr. Madrasah & anr. against (i) the order of appointment of a Drawing & Disbursement Officer issued by respondent no. 6, the District Inspector of Schools (S.E.), Birbhum dated 6th May, 2025 (WPA 13194 of 2025), and (ii) the appointment of an Administrator by the Secretary of the West Bengal Board of Madrasah Education dated 4th July, 2025 (WPA 17159 of 2025). Following an interim direction of 5th August, 2025 and the Board's order of 29th August, 2025 rejecting approval of the newly elected Managing Committee, the Court (Bivas Pattanayak, J.) disposed of both petitions by directing respondent no. 8, the Assistant Inspector of Schools/Administrator, to conduct elections of the Managing Committee within April, 2026 and to constitute the new Managing Committee in accordance with law. No affidavits called for — allegations deemed not admitted; interim orders vacated; no costs.

13.11.2025 Item No. 05-06

Ct. No. 14 IN THE HIGH COURT AT CALCUTTA

AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

WPA 13194 of 2025 The Managing Committee, Metekona Moulana Abu Taher Sr. Madrasah & anr. vs. State of West Bengal & ors. with WPA 17159 of 2025 The Managing Committee, Metekona Moulana Abu Taher Sr. Madrasah & anr. vs. State of West Bengal & ors.

Mr. Soumen Kr. Dutta Mr. Subham Dutta … for the petitioners Mr. Nadeem Sulaiman … for the Madrasah Board Mr. Debopriyo Karan … for the State

By the writ petition being WPA 13194 of 2025, the order of appointment of Drawing & Disbursement Officer issued by respondent no. 6, the District Inspector of Schools (S.E.), Birbhum dated 6^th May, 2025 is challenged.

In the writ petition being WPA 17159 of 2025, the appointment of the Administrator by the Secretary of West Bengal Board of Madrasah Education dated 4^th July, 2025 is under challenge.

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By the order dated 5^th August, 2025 following direction was issued:

“Let the newly elected managing committee and the teacher-in-charge who has proposed for approval of this newly elected managing committee appear before the board on 11^th August, 2025 with all relevant documents including fifteen days from date regarding the approval of the newly elected managing committee in accordance with law.

Learned counsel appearing for the Board is requested to place the order to be passed by Board on 25^th August, 2025.”

Pursuant to such order of this Court, respondent no. 5, the Secretary, West Bengal Board of Madrasah Education has passed order on 29^th August, 2025 rejecting the approval of the newly elected Managing Committee of Metekona Moulana Abu Taher Senior Madrasah.

Mr. Soumen Kumar Dutta, learned advocate appearing for the petitioner relying on the decision of the Hon'ble Supreme Court passed in Special Leave Petition Civil No. 5368 of 2020 seeks for a specific direction upon the Administrator to hold the election of a new Managing Committee.

Mr. Nadeem Sulaiman, learned advocate appearing for the West Bengal Madrasah Education Board submits that a considerable period to be given since the examinations of the students appearing in Alim Examination (equivalent to Madhyamik) is scheduled in the month of March, 2026.

In view of the above submissions, respondent no. 8, Jahangir Kabir, the Assistant Inspector of

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Schools/Administrator is directed to conduct elections of the Managing Committee within April, 2026 and take steps for constituting the new Managing Committee in accordance with law.

With the above directions, both the writ petitions being WPA 13194 of 2025 and WPA 17159 of 2025 stand disposed of.

Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.

Consequently, connected applications, if any, also stand disposed of.

Interim orders, if any, stand vacated.

There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Bivas Pattanayak, J.)