Dabiruddin vs West Bengal Board of Madrasah Education and Others

Jyotirmay Bhattacharya, J.—Chandergaon Madrasah Faiza - Ne - Mustafa is an Association registered under the Societies Registration Act, 1961. One Dabiruddin is the Secretary of the said association. Chandergaon Madrasah Faiza ? Ne ? Mustafa is run by the said society. The instant writ petition has been filed by the said society challenging the legality of the order of conversion of another Madrasah namely, Chandergaon Madrasah Faiza ? Ne ? Mustafa Junior High Madrasah, to a Madhyamik Siksha Kendra, passed by the Director of Madrasah Education on the ground that such conversion order being obtained by exercising fraud upon the concerned authority, conversion order so granted should be withdrawn. The 2 said Madrasah Siksha Kendra is run and managed by one Md. Daniyal who used to manage the said Madrasah even prior to its conversion into a Madrasah Siksha Kendra. It is complained by the writ Petitioner that none of the conditions which were imposed by the concerned authority as a condition for converting the said Madrasah to a Madrasah Siksha Kendra provisionally, has been fulfilled by the said Madrasah run by Md. Daniyal.

Under such circumstances, the instant writ petition was filed seeking issuance of direction upon the concerned authority to act in accordance with the guidelines which were issued by the Government of West Bengal regarding grant of approval to a Madrasah and for withholding the release of Government aids and/or incentives to the said Madrasah Siksha Kendra.

Admittedly, the Petitioner herein has not applied for converting its Madrasah into a Madrasah Siksha Kendra. Thus, the Petitioner is not a competitor with Md. Daniyal who applied for converting his Madrasah into a Madrasah Siksha Kendra.

On perusal of the reliefs claimed by the Petitioner in this writ petition, this Court finds that no personal relief has been claimed by the writ Petitioner in the instant writ petition. He has also not stated that any of his fundamental rights has been violated by the concerned authority. He has also not filed the instant writ petition for enforcement of any of his statutory rights.

As such this Court holds that the instant writ petition cannot be maintained for want of locus of the Petitioner, as he has neither claimed any personal relief in this writ petition nor he has claimed that any of his 3 fundamental rights and/or statutory rights has been infringed by the Respondent authority in the instant case.

Accordingly, this writ petition stands rejected for want of locus of the Petitioner.

The urgent xerox certified copy of this order, if applied for, be given to the parties as expeditiously as possible.