Calcutta High Court (Appellete Side)
(Ad) Nasreen Shazda vs State Of West Bengal & Ors on 1 August, 2023
DL-29 wt30
MAT 85 of 2021
01.08.2023 CAN 1 of 2021
Court No.8
(AD) Nasreen Shazda
Vs.
State of West Bengal & Ors.
With
MAT 86 of 2021
CAN 1 of 2021
Nasreen Shazda
Vs.
State of West Bengal & Ors.
Mr. Ekramul Bari
Sk. Imtiaj Uddin
... for the appellant.
Mr. Tapan Kumar Mukherjee, Ld. AGP
Mr. Somnath Naskar
... for the State-respondents.
Mr. Prasenjit Mukherjee
Ms. Madhurima Sarkar
... for the Madrasah Service Commission.
Mr. Nadeem Sulaiman
... for the Madrasah Board.
Mr. Atarup Banerjee
Mr. Abu Sohel
Mr. Rajdeep Pramanik
Ms. Sanwyabi Nandi
... for the respondent nos.7, 8 and 9.
1. By consent of the parties both the appeals and the
applications are heard together and disposed of by
this order.
2. We have informed by the learned Counsel for the
School that the entire matter has been forwarded
to the Madrasah Board for consideration. It
includes all the applications filed by the writ
petitioner with regard to child card leave and also
prayer for transfer.
3. Mr. Prosenjit Mukherjee, learned Advocate appears
for the Madrasah Commission and produces
before us a copy of an order passed in MAT 1264
of 2021 (The Headmaster/Superintendent,
Shamsia High Madrasah (HS) vs. Tarannum
Parveen & Ors.) decided on 25th January, 2022 in
which an interpretation of Rule 33 of the West
Bengal Madrasah Service Commission
Recruitment (selection and recommendation of
persons for appointment and transfer to the posts
of teacher and non-teacher) Rules, 2010
(hereinafter referred as Rule of 2010), has been
made by the Coordinate Bench:
"We have been taken to various sub-rules of
Rule 33 providing a mechanism and the mode of
considering the prayer for transfer by way of
counseling. Obviously, the Madrasah Service
Commission shall take care of any vacancy that
may arise on transfer having accepted in a
concerned Madrasah and the right, which is
accrued upon the teaching or the non-teaching staff,
cannot be whittled-down or brushed-away on
unreasonable withholding of the 'No Objection
Certificate'."
4. In view of the fact that the Board is in seisin over
the matter.
5. With regard to the child care leave of the writ
petitioner, we direct the Secretary, West Bengal
Board of Madrasah Education to take a final
decision with regard to child care leave upon
consideration of the facts and circumstances
stated by the writ petitioner and on consideration
of the relevant Rules in this regard.
6. The school and the writ petitioner are directed to
produce all relevant records before the Secretary in
order to enable to take an appropriate decision in
this regard.
7. The entire exercise shall be completed within a
period of eight weeks from the date of
communication of this order by either of the
parties.
8. We direct the Secretary of the West Bengal
Madrasah Service Commission to take a decision
with regard to the transfer after giving reasonable
opportunity of hearing to the parties including the
school within eight weeks from the date of
communication of this order.
9. It is needless to mention that the Secretary of the
Commission shall take into consideration of the
decision of the Coordinate Bench in the matter of
Tarannum Parveen & Ors. (supra) at the time of
consideration of the said representation.
10. We placed on record that an application for
transfer has already been filed by the writ
petitioner without no objection.
11. In view of the aforesaid discussions and the fact
that there is a requirement to have a fresh look
and re-look at the matter, the judgment and order
is set aside.
12. Affidavits are kept with the record.
13. Both the appeals being MAT 85 of 2021 and MAT
86 of 2021 along with all connected applications
are disposed of accordingly.
(Uday Kumar, J.) (Soumen Sen, J.)
