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2024 DIGILAW 784 (CAL)

Secretary, West Bengal Board of Madrasah Education v. State of West Bengal

2024-04-10

HIRANMAY BHATTACHARYYA, T.S SIVAGNANAM

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JUDGMENT : In Re.IA No.CAN 3 of 2023 1. This application has been filed by one, Firoz Khan claiming to be the teacher-in-charge of the school as appointed by the Board and the said person seeks for being added as a party in the present appeal. 2. In our view, no useful purpose would be served by adding the said person as a party in this appeal and if so advised, the applicant in CAN 3 of 2023 viz. Firoz Khan can seek for impleadment as a party in W.P.A. 23314 of 2022 and if such application is filed, the same will be considered in accordance with law. 3. Accordingly, application stands disposed of. In Re. M.A.T. 1156 of 2023 4. This interlocutory appeal at the instance of the West Bengal Board of Madrasah Education is directed against the order dated 12th June, 2023 in W.P.A. 6520 of 2023 filed by the respondent no.6 herein viz. the Managing Committee, Contai Rahamania High Madrasah (H.S.). The Managing Committee claimed that the private respondent is the teacher-in-charge of Contai Rahamania High Madrasah (H.S.) and is wrongfully entering into the school property despite being removed from the post of administrator. 5. The writ petitioner/respondent no.6 was permitted to move the West Bengal Board of Madrasah Education to direct respondent no.5 in the writ petition from entering into the Madrasah premises. The Contai Police Station was directed to ensure that the private respondent in the writ petition, who has been removed as administrator does not enter the Madrasah. 6. It is seen that the appellant/Board granted approval of constitution/reconstitution of the Managing Committee by order dated 5th August, 2023 with 12 members for a period of three years with effect from 27th May, 2013. 7. It appears that subsequently elections have not been conducted and the appellant/Board would contend that the Managing Committee cannot exercise any jurisdiction. In this regard, an order was passed by the Board on 29th September, 2022, which has been challenged by the Managing Committee in W.P.A. 23314 of 2022 and by an order dated 20th October, 2022, the learned Single Bench of this Court directed no further effect should be given to the said order till the writ petition is heard. The writ petition is still pending and the interim order is in force. 8. The writ petition is still pending and the interim order is in force. 8. In such circumstances, the appellant/Board cannot seek for any separate direction by faulting the order passed by the learned Single Bench, since the order passed by the Board dated 29th September, 2022 cannot be implemented in view of the interim order in the said writ petition. 9. Apart from that there is also another order was passed in W.P.A.21157 of 2022 dated 20th September, 2022, where the interim arrangement was made. 10. The learned advocate for the appellant would submit that the order has not been given effect too. If that be so, the remedy of the appellant is elsewhere and not by way of this appeal. 11. Therefore, the appropriate course to be adopted by the appellant is to seek for either vacating of the interim order granted in W.P.A. 23314 of 2022 or seek for early disposal of the writ petition and without doing so, the appellant cannot fault the direction issued by the learned Single Bench. 12. Thus, for the above reasons, we find no ground to interfere with the said order. 13. Accordingly, appeal stands dismissed. 14. No costs. 15. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.