'No Absolute Right Of Appointment For Minority Educational Institutions': Supreme Court Upholds WB Madrasah Service Commission Act - Synopsis
Nilanjana Ganguly 23 Dec 2020

This particular order was given by Justice Arun Mishra and Justice U.U. Lalit  in a case SK Md Raffique v Managing Committee, Contai Rehmania High Madrasah and others  CIVIL APPEAL NO.5808 OF 2017. The case concerned the legality of the West Bengal Madrasah Service Commission Act 2008, which established a commission for the recruitment of teachers in madrasas.

Subsequently, a writ petition was lodged against this decision, alleging that it was contrary to the judgement of Chandana Das (Malakar) v. West Bengal State on minority rights, passed on 25 September 2019. In the case of Chandana Das, the bench consisting of Justice RF Nariman, Justice R. Subhash Reddy and Justice Surya Kant ruled that the constitutional right of minorities under Article 30 of the Constitution of India to manage educational institutions cannot be waived.

On 30 January, 2020, a Bench led by the Chief Justice of India released a notice of the writ petition asking for the issue to be transferred to a larger bench.


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