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2026 DAILYLAW 32688 (CAL)

MD. ZAKIR HOSSAIN v. STATE OF WEST BENGAL AND ORS.

WPA/29813/2025 · 2026-08-12

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12.08.2026 Sl. No.11 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA No. 29813 of 2025 Md. Zakir Hossain Versus The State of West Bengal & Ors. Mr. Habibur Rahaman Ms. Mehabuba Rahaman …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. Nadeem Sulaiman Mr. Mijanul Kabir …for the Madrasah Board. 1. By the present writ petition the petitioner seeks direction upon the respondent authorities to take necessary steps for granting recognition and Government aid to the petitioner’s Madrasah, namely, Angan Senior Madrasah lying and situated at Village- Matikumra, P.O.-Chowrashi, P.S.-Deganga, District- North 24-Parganas upon considering necessary papers and documents. 2. The petitioner contends that he is the Secretary of Angan Senior Madrasah (hereinafter referred to as the ‘said Madrasah’) which is a Minority Educational Institution established in the year 2008 after adoption of resolution by organising managing committee. For smooth running, the managing committee of the said Madrasah in the year 2011 got registered under West Bengal Societies Registration Act, 1961 as Angan Welfare Mission. Pursuant to notification of the West Bengal Madrasah Education Board dated 22nd February, 2011, the organising managing committee of the said Madrasah applied for recognition on 13th December, 2011 along with all necessary documents. However, since the recognition was not granted, writ petition was filed by the Secretary of the said Madrasah seeking for grant of recognition being WPA 3405 of 2025. 3. The aforesaid writ petition was disposed of on 21st March, 2025 with the following direction: “Hence, writ petition stands disposed of granting leave to the petitioner to make fresh application seeking recognition of the concerned madrasah, in accordance with law, if such application is made, respondent authorities shall take steps accordingly.” 4. Pursuant to the leave granted in the writ petition as above, the petitioner once again filed an application on 23rd April, 2025 seeking for recognition of the Madrasah. However, no steps have been taken as yet. Hence this writ petition. 5. Mr. Habibur Rahaman, learned advocate for the petitioner submits that despite several representations and attempts being made by the petitioner, recognition has not been granted to the said Madrasah by the West Bengal Board of Madrasah Education. The said Madrasah is presently having 223 students. Previously the said Madrasah has submitted all the required documents which is lying with the Board. He seeks for appropriate 2 direction upon the Board to issue recognition to the said Madrasah. 6. Mr. Nadeem Sulaiman, learned advocate appearing for the Board submits that upon leave been granted, the petitioner ought to have filed an application in Form-1 as required under Rule 3 under Regulations of the Notification No.5050 dated 22nd February, 2011 which clearly provides that application for recognition of Unaided Madrasah shall be made by the respective authority in specified Form No.1. Therefore, the petitioner’s application seeking for recognition is not as per the proforma stated in the Rule. In the event, fresh application is submitted in prescribed format, the Board thereafter can take steps accordingly. 7. Upon perusal of the application seeking recognition of the Madrasah at page 120 of the writ petition it is found that the same has not been submitted in Form No.1. Rule 3 of the Regulations clearly provides that the application for recognition of Unaided Madrasah shall be made by the respective authority in specified Form No.1 appended to the Regulations of West Bengal Board of Madrasah Education. 8. Accordingly, the writ petition being WPA 29813 of 2025 is disposed of granting leave to the petitioner to submit application seeking recognition in Form No.1 as per Rule 3 of the Regulations of West Bengal Board 3 of Madrasah Education within a period of four weeks from date. Upon such submission the authority concerned shall act in accordance with law. 9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 10. Interim order, if any, stands vacated. 11. All connected applications, if any, stand disposed of. 12. There shall be no order as to costs. 13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 14. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.) 4