New Delhi: The Supreme Court on Monday dismissed petitions filed by more than 350 teachers and non teaching staff who sought recognition of their appointments in various madrasas in West Bengal and payment of salaries under the state’s Grants in Aid Scheme.
The petitioners argued that they had received regular appointments after the Calcutta High Court declared the West Bengal Madrasah Service Commission Act, 2008 unconstitutional. They requested recognition of their appointments despite the earlier High Court ruling.
A Bench of Justices Dipankar Datta and A.G. Masih held that the petitions lacked merit. The Bench noted that it had examined the details of 13 petitioners out of more than 350. It stated that if even one of those cases established a valid claim, the Court would consider the remaining petitions. Since none of the 13 cases satisfied the Court, all the writ petitions were dismissed.
More than 40 writ petitions were filed by 361 petitioners claiming appointments as teachers and non teaching staff in different madrasas after the High Court judgment. The report noted that the Supreme Court had upheld the constitutional validity of the 2008 Act in the 2020 Sk. Mohd Rafique case.
Following that ruling, the Court formed a committee in February 2023 to examine claims of those appointed after the High Court decision. The committee rejected the claims, leading the petitioners to file fresh writ petitions under Article 32 of the Constitution.
During the hearing, the Bench directed the petitioners to identify their strongest cases. The Court examined whether the madrasas held valid recognition from the West Bengal Board of Madrasah Education and whether their managing committees had received approval under applicable rules at the time of the appointments.
The ruling comes amid measures introduced by the BJP government in West Bengal concerning madrasas. These include a statewide review of recognised and unrecognised madrasas, mandatory singing of Vande Mataram in schools and madrasas, withdrawal of religion linked welfare schemes under the Minority Affairs and Madrasah Education Department, and reductions in the department’s budget. Opposition parties and several Muslim organisations have alleged that these measures target madrasas and the state’s Muslim community.
