NDLI: Sk. Md. Rafique Vs. Managing Committee, Contai Rahamania High Madrasah and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Process of appointment of teachers West Bengal Madrasah Service Commission Act
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 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Constitution of India:Art. 30(1) – Aided ‘ Madrasah’ (a minority institution) – Process of appointment of teachers in – Taken over and entrusted to Commission constituted under West Bengal Madrasah Service Commission Act, 2008 – Validity of s. 8, 10, 11 and 12 of the Act challenged, alleging that the same transgressed upon the rights of a minority institution of choosing its own teachers – Single Judge of the High Court held that ss. 8, 10, 11 and 12 of the Act were ultra vires – The judgment was upheld by Division Bench of High Court – Appeal to Supreme Court – Held: The essence of Art. 30(1) is to ensure equal treatment between majority and minority institutions – A regulation framed in the national interest must apply to all institutions regardless of they being minority or majority – Regulation, if seeks to ensure the standards of excellence of the institutions while preserving the right of the minorities, is permissible – The Act has been specially designed for Madrasahs and Madrasah Education system in the State – Legislature has taken care that composition of the Commission would ensure compatibility of the teachers who would be selected to impart education in Madrasah education system – The Act has also provided that Managing Committee of the Madrasah can point out error in appointment made by the Commission and that the Madrasah has the right to refuse the appointment of a candidate recommended by the Commission – Thus the Act seeks to achieve ‘excellence’ in education and also seeks to promote interest of the minority institution – Therefore, the provisions of the Act, cannot be said to be transgressing the rights of the minority educational institutions – Sections 8, 10, 11 and 12 of the Act are valid and constitutional – Hence, all the nominations Constitution of India:Art. 30(1) – Aided ‘ Madrasah’ (a minority institution) – Process of appointment of teachers in – Taken over and entrusted to Commission constituted under West Bengal Madrasah Service Commission Act, 2008 – Validity of s. 8, 10, 11 and 12 of the Act challenged, alleging that the same transgressed upon the rights of a minority institution of choosing its own teachers – Single Judge of the High Court held that ss. 8, 10, 11 and 12 of the Act were ultra vires – The judgment was upheld by Division Bench of High Court – Appeal to Supreme Court – Held: The essence of Art. 30(1) is to ensure equal treatment between majority and minority institutions – A regulation framed in the national interest must apply to all institutions regardless of they being minority or majority – Regulation, if seeks to ensure the standards of excellence of the institutions while preserving the right of the minorities, is permissible – The Act has been specially designed for Madrasahs and Madrasah Education system in the State – Legislature has taken care that composition of the Commission would ensure compatibility of the teachers who would be selected to impart education in Madrasah education system – The Act has also provided that Managing Committee of the Madrasah can point out error in appointment made by the Commission and that the Madrasah has the right to refuse the appointment of a candidate recommended by the Commission – Thus the Act seeks to achieve ‘excellence’ in education and also seeks to promote interest of the minority institution – Therefore, the provisions of the Act, cannot be said to be transgressing the rights of the minority educational institutions – Sections 8, 10, 11 and 12 of the Act are valid and constitutional – Hence, all the nominations of the teachers made under the Act are valid and operative – West Bengal Madrasah Service Commission Act, 2008 – ss. 8, 10, 11 and 12 – West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of Persons for Appointment and Transfer to the Posts of Teaching and Non-Teaching Staff) Rules, 2010 – r. 8.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2020 INSC 3
Petitioner	Sk. Md. Rafique
Respondent	Managing Committee, Contai Rahamania High Madrasah And Others
SCR	[2020] 1 S.C.R. 185
Judgement Date	2020-01-06
Case Number	5808

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Sk. Md. Rafique Vs. Managing Committee, Contai Rahamania High Madrasah and Others

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Sk. Md. Rafique Vs. Managing Committee, Contai Rahamania High Madrasah and Others

Sk. Md. Rafique Vs. Managing Committee, Contai Rahamania High Madrasah and Others

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