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2026 DAILYLAW 18692 (CAL)

SK. IQBAL HUSSAIN @ IQBAL HOSSAIN v. STATE OF WEST BENGAL AND ORS.

WPA/26387/2025 · 2026-01-07

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.01.2026 Item No. 42 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 26387 of 2025 Sk. Iqbal Hussain @ Iqbal Hossain vs. State of West Bengal & ors. Md. Sarwar Jahan Sk. Nayeemul Haque Ms. Tapati Sarkar … for the petitioner Mr. Sabyasachi Mondal Ms. Kakali Pal … for the State 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities to approve the service of the petitioner as a Shiksha Samprasarak in the Hinchi Siddikia Madrasah Shiksha Kendra, Vill. Hinchi, P.O. Sarada, P.S. Contai, Dist. Purba Medinipur and to release the honorarium in favour of the petitioner alongwith the arrear. 3. The petitioner contends that by a resolution dated 10th October, 2009 of the Managing Committee of the Madrasah, the petitioner was appointed on 5th October, 2009 to act as a Shiksha Samprasarak of Arts Group (English subject) having requisite qualification i.e. M.A. (Pass). In the year 2008, the State Government adopted a policy to convert and approve organizing the Madrasahs into Madrasah Shiksha Kendra under a scheme viz. “Madrasah Shiksha Karmasuchi” and also to approve service of organising staff. Accordingly, the existing Madrasahs were asked to apply for conversion. Upon such application for conversion, inspection was conducted by the D.L.I.T., in presence of the existing staff including the petitioner at the Institution and necessary approval was granted on 7th February, 2011 in favour of the Institution with effect from 1st March, 2010. The petitioner’s application for approval was forwarded by the Secretary of the Madrasah on 8th April, 2011 to the appropriate authority, however, the same is kept pending. On 13th March, 2025, the petitioner made a representation seeking for approval of his service to the post of Shiksha Samprasarak which has also not been considered by the authorities as yet. Hence this writ petition. 4. Md. Sarwar Jahan, learned advocate appearing for the petitioner submits that the petitioner is discharging his functions without getting the honorarium due to non-approval and non-consideration of the prayer for approval of the petitioner as made in the year 2011. He seeks that the representation of the petitioner for consideration of his approval in service to be considered and disposed of by the appropriate authority in accordance with law. 2 5. None appears on behalf of the State despite service. 6. Mr. Sabyasachi Mondal, learned advocate alongwith Ms. Kakali Pal, learned advocate who usually represent the State are requested to appear in this matter on behalf of the State. Let their appointment be regularised by the concerned authority. 7. Petitioner is directed to handover a copy of the writ petition alongwith all annexures to the learned advocate representing the State. 8. Mr. Sabyasachi Mondal, learned advocate representing the State does not raise any objection and leaves the matter to the discretion of the Court. 9. From the documents annexed to the writ petition as well as the contentions advanced on behalf of the parties, it is found that the petitioner was appointed in the Madrasah on 5th October, 2009. The prayer for approval of his service as a Shiksha Samprasarak was also made by the said Madrasah on 8th April, 2011 (annexure P-3). The petitioner has also made a representation on 13th March, 2025 for his approval to the post of Shiksha Samprasarak. The prayer of the petitioner is yet to be considered by the appropriate authority. 10. In view of such circumstances, respondent no. 3, the District Officer Minority Affairs, Purba Medinipur is directed to consider the representation of the petitioner dated 13th March, 2025 alongwith the 3 application for approval submitted in FORMAT – A(MSK) dated 8th April, 2011 upon notice to the petitioner within a period of 8 weeks from the date of communication of this order and dispose of the same in accordance with law by a reasoned order. The reasoned order shall be communicated to the petitioner within a week thereafter. 11. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 3, the District Officer Minority Affairs, Purba Medinipur for necessary compliance. 12. In the light of the above, the writ petition being no. WPA 26387 of 2025 is disposed of. 13. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 14. Consequently, connected applications, if any, also stand disposed of. 15. Interim orders, if any, stand vacated. 16. There will be no order as to costs. 17. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.) 4