Supreme Court Dismisses Writ Petition Challenging Its Judgment Upholding West Bengal Madrasah Service Commission Act


The Supreme Court recently dismissed a motion for an order challenging its judgment upholding the constitutionality of the West Bengal Madrasah Service Commission Act 2008.

The motion in brief is totally flawed, the bench of Justices Hemant Gupta and Sudhanshu Dhulia observed.

The management committee of Majna High Madrasah had filed the motion in writ contesting the judgment in SKMohd. Rafique Vs. Contai Rahamania High Madrasah (2020) 6 SCC 689.

In SKMohd. Rafique, the Court had quashed the judgment of the Calcutta High Court which found that Sections 8, 10, 11 and 12 of the West Bengal Madrasah Service Commission Act 2008 were ultra vires Section 30 of the Constitution, which deals with the right of minorities to settle and administer educational institutions.

Judge UU Lalit’s judgment reviewed in detail the decisions of the Supreme Court up to Case of the TMA Pai Foundation.

Considering that the provisions of the law could not be considered to infringe the rights of minority institutions, the Court had thus observed: “If the right is held to be absolute and unqualified, then that choice must certainly be recognized and accepted. But, if the right has not been accepted as absolute and unqualified and the national interest must always permeate and s apply, excellence and merit must be the guiding criteria Any deviation from the concept of merit and excellence would not make a minority educational institution an effective vehicle for achieving what has been envisioned in various decisions of In addition, if merit is not the sole guiding criterion, minority institutions may fall behind non-minority institutions rather than keep pace…If the minority institution has a better candidate available than one appointed under a regulatory regime, the institution would certainly be entitled to reject the appointment made by the authorities, but if the person appointed to provide the teaching is otherwise s more qualified and apt, any rejection of this non-minority institution would never help that institution achieve excellence and as such such rejection would fall outside the true scope of the right protected by the 30, paragraph 1, of the Constitution. »

The court also declared that all appointments made by the Commission under the provisions of the Commission Act were valid and binding.

Case: Majna High Madrasah Steering Committee v State of West Bengal | GT(C) 257/2022

Click here to read/download the order

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