Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court aided Madrasas recognized as minority institutions appointment of teachers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, West Bengal Madrasah Service Commission Act, 2008 (25 of 2008) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Contempt of Court – Certain provisions of the West Bengal Madrasa Service Commission Act, 2008 regulating the process of appointment of teachers in aided Madrasas recognized as minority institutions, were declared unconstitutional by High Court – However, Supreme Court declared the provisions of the Act to be valid and binding – During the pendency of the appeals, some appointments were made by the madrasas – Contempt proceedings filed seeking release of salaries of teachers appointed after the provisions of the Act were declared unconstitutional by the High Court – Held: Given the nature of the interim orders made during the pendency of the appeal, there is no doubt that the court declared the appointments to be valid to the extent, they conformed to the concerned rules and norms – However, there was no discussion w.r.t whether the Court had applied its mind as to how the madrasas had proceeded to appoint teachers as teaching/non-teaching staff – Also, there was no discussion regarding rules/regulations, applicable circulars and guidelines in terms of which aided and unaided recognized institutions could make appointments – In contempt proceeding, court cannot enlarge its scope and examine matters which are not part of the directions/orders contained in the judgement of which contempt is alleged – Argument of the respondent alleged contemnors that there ought to be an exercise of verification, is merited – Further proceedings cannot be continued as no determination can be made unless there is a due verification in regard to the employment of each of the petitioners – Committee constituted to consider the claims of the petitioners – West Bengal Madrasa Service Commission Act, 2008 – Constitution of India – Art. 142. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 97 |
Petitioner | Snehasis Giri And Ors. |
Respondent | Subhasis Mitra |
SCR | [2023] 2 S.C.R. 297 |
Judgement Date | 2023-02-02 |
Case Number | 352 |
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