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Judgment
Rajasekhar Mantha, J
The writ petitioners challenge an order dated 16th October, 2017 passed by the Principal Secretary to the Government of West Bengal. The said order
was passed pursuant to an order dated 6th March, 2017 passed by this Court in W. P. No. 2075(W) of 2008.
By the impugned order the Principal Secretary found that the Madrasah-in-question could not be considered for recognition as no students were found
at the time of inspection by the Director of Madrasah. The Madrasah was not found to be functioning regularly. Local public opinion was also against
granting recognition to the Madrasah. The inspection report dated 09.10.2017 indicated that the Madrasah remains closed most of the days of the
year. There was no bank account or reserve fund. Infrastructure was inadequate. Classrooms were with tiled sheds and staff room was dilapidated.
The students found on the date of inspection were brought nearby school for attending the classes.
Pursuant to a direction of a Co-ordinate Bench of this Court in the instant writ petition, learned advocate, of this Court Mr. Taraprosad Halder went to
inspect the said Madrasah and also submitted a report to this Court. Students as per the records were not found in attendance. The classrooms have
been found with only 200 sq. ft. area whereas the minimum area should be 400 sq. ft. Some of the rooms had cement floor and the rest of the rooms
had mud floor. Not a single teacher shown to the learned advocate had training qualifications.
This Court finds that seven inspections including one conducted at the instance of the Co-ordinate Bench have indicated that the Madrasah-in-question
cannot be granted recognition.
This Court relies primarily upon the findings of the authorities that have been impugned herein and the pleadings filed in the instant writ petition.
There is absolutely no ground according to this Court for interference with the impugned order. Despite seven inspections conducted since 1985 the
Madrasah has not been able to satisfy the requirements of the Commission and/or the State. The question of granting any recognition to the Masrasah,
therefore, does not and cannot arise.
Hence, the instant writ petition is dismissed.
Interim order, if any, stands vacated.
In view of dismissal of the writ petition, connected application being CAN 723 of 2020 is also dismissed.
No order as to costs.
Affidavit of exception to the report filed by the learned advocate is taken on record.
Photostat certified copy of this order, if applied for, be given to the parties on urgent basis.