DANISH HUSSAIN vs STATE OF WEST BENGAL & ORS.

The petitioner aspires to participate in the High Madrasah Examination, 2018. He intends to appear in the examination as an external candidate since he has not undergone formal schooling. This is permitted by the West Bengal Board of Madrasah Examination under its policy.

However, the Madrasah Board has issued a circular dated 26th April, 2017 requiring external candidates to produce photo copy of Class-VIII pass certificate from any recognised aided/unaided Madrasah/School. This has been made a pre-condition for appearing in the High Madrasah Examination. An external candidate has been defined in the said circular as follows: "External candidate means a candidate who has not prosecuted a regular course of studies for the last five years according to the syllabus prescribed for regular candidates in an institution recognised by this Board and who intends to appear at the High Madrasah Examination. Such candidates shall appear at the examination strictly in accordance with the provisions laid down hereinafter."

The petitioner is aggrieved by the said pre-condition which has been introduced only this year and was not there in the past years. He contends, it is not possible for an external candidate who has not undergone formal schooling to produce the Class-VIII pass certificate.

Mr. Halder, Learned Counsel for the High Madrasah Board submits that this is a policy decision taken by the examination committee of the Madrasah Board. Hence, the same should not be interfered with.

Thereafter, on the last occasion this Court directed Mr. Halder to take instruction as to why this condition has been inserted in the Circular dated 26.4.2017 for the external candidate to produce Class VIII passed certificate from the competent institution to appear in the Class X examination though this condition was not in the earlier circular for the external candidates. Today, on instruction, Mr. Halder submits that Board has already taken a decision that necessary omission of Clause 5(VII) of the said Circular dated 26.4.2017 shall be made to alter for the inconvenience caused to the external candidates to appear for the Class X examination. In support of his contention, Mr. Halder handed up an order dated 30.1.2018, issued by the Secretary, West Bengal Board of Madrasah Education, copy of which has already been supplied to Mr. Sanwarwala, learned Counsel for the petitioner.

That being the scenario, I direct the West Bengal Board of Madrasah Education to take steps in accordance with the letter dated 30.1.2018 thereby making some alteration or modification of Clause 5(VII) of the Circular dated 26.4.2017 for the aspiring external candidate.

With this direction, this writ petition is disposed of.

No order is passed as to costs.

The letter dated 30.1.2018 as handed up by Mr. Halder be kept on record.

Let xerox certified copy of this order be made available to the parties, if applied for, upon compliance with all formalities.