Calcutta High Court (Appellete Side)
Md. Abdur Rahim & Others vs The State Of West Bengal & Ors on 19 July, 2023
19.7.2023 WPA 22285 of 2019
rpan/46
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Md. Abdur Rahim & Others
Vs.
The State of West Bengal & Ors.
Mr. Bidhan Biswas,
Mr. Debansu Nandi
... for the Petitioners.
Mr. Tapan Kumar Mukherjee,
Mr. Shamim ul Bari
... for the State/Respondents.
This is a hearing matter. Despite direction for
affidavits being made by a co-ordinate Bench on
December 9, 2019, no affidavit-in-opposition was filed by
the respondents.
Considering the issue involved in this writ petition,
this Court was of the view that no useful purpose shall be
served by keeping this writ petition pending. Such
pendency shall only create prejudice to the claim of the
petitioners. In such view of the matter, the writ petition
was taken up for final disposal.
Mr. Bidhan Biswas, learned advocate appeared for
the petitioners.
Mr. Shamim ul Bari, learned advocate, led by Mr.
Tapan Kumar Mukherjee, learned Additional Government
Pleader appeared for the State/Respondent nos.1-3.
The petitioners claimed that they are working as
teaching and non-teaching staff at one Karbona
Kanchannagar High Madrasah, District - Malda. The
employment of the petitioners were approved with effect
from February 24, 2011. They claimed an earlier
approval with effect from May 1, 1995.
Referring to Annexure - 'P-11' at page 71 to the
writ petition, Mr. Bidhan Biswas, learned advocate
appeared for the petitioners submitted that the said
representation was duly made before the respondent no.3
but still is pending without any result. Referring to a
judgment of a co-ordinate Bench dated June 5, 2018
rendered in W.P. 24154(W) of 2017, In the matter of:
Md. Abdul Towab Vs. The State of West Bengal & Ors.,
annexed at page 71 to the writ petition (Annexure - 'P-
9') learned advocate submitted that the issue had already
been decided and one of the similarly placed candidates
had obtained the benefit from the State authority.
Learned advocate further referred to the office order dated
July 4, 2018 [Annexure - 'P-10' at page 70 to the writ
petition] in this regard. Thus the petitioners also
claimed their approval since May 1, 1995.
Mr. Shamim ul Bari, learned advocate appeared for
the State/respondents.
After considering the submissions made on behalf
of the parties and after considering the materials on
record, this Court is of the view that, to subserve justice
the respondent no.2, as submitted by Mr. Bari the
appropriate authority to consider the representation of
the petitioners, shall issue at least a prior hearing notice
of seven days upon the petitioners and the respondent
nos.4 and 5 and then after giving an opportunity of
hearing by treating the said representation of the
petitioners dated September 19, 2019 [Annexure - 'P-11'
at page 71 to the writ petition], as if submitted before
him, shall decide the issue by passing a reasoned order in
accordance with law.
It is made clear that while deciding the issue the
respondent no.2 shall consider the judgment of the co-
ordinate Bench In the matter of: Md. Abdul Towab
(Supra) [Annexure - 'P-9' at page 62 to the writ
petition].
The respondent no.2 shall carry out and complete
the entire exercise, as directed above positively within a
period of six weeks from date of communication of this
order and shall communicate the reasoned order to the
petitioners and the respondent nos.4 and 5 within a
further period of two weeks from the date of the said
reasoned order.
It is made clear that this Court has not gone into
the merits of the claim of the petitioners in any manner
and the petitioners and the relevant Madrasah authority
shall be at liberty to urge whatever points they wish to
urge by relying upon whatever records and documents
they wish to rely upon before the respondent no.2.
In the event, the reasoned order goes in favour of
the petitioners, then the respondent no.2 shall give effect
thereto immediately and positively within a further period
of four weeks from the date of the said reasoned order.
It is made clear that this order shall not create any
equity or right in favour of the petitioners and the
representation of the petitioners shall be decided strictly
in accordance with law by the respondent no.2.
The learned advocate-on-record for the petitioners
shall communicate this order along with a copy of the
writ petition to the respondent no.2.
On the above terms this writ petition, being WPA
22285 of 2019 stands disposed of, without any order as
to costs.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties, upon compliance
of all requisite formalities.
(Aniruddha Roy, J.)
