09.09.2026 Sl. No.4 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/22958/2026 Md. Mofazzel Haque VS The State of West Bengal and Ors. Mr. Indranil Roy Mr. Anindya Bose Ms. Susmita Mondal …for the Petitioner. Mr. Binayak Lahiri Ms. Riya Ballav …for the State. Mr. Nadeem Sulaiman Mr. Mijanul Kabir …for Madrasah Board. Mr. Masud Karim …for the Respondent No.4. Mr. Prosenjit Mukherjee Mr. Golam Mohiuddin Md. Kaif Hossain …for the Respondent Nos.5 and 6. Mr. Bidhan Biswas …for the Respondent No.7. 1. On the prayer of learned advocate for the petitioner leave is granted to file supplementary affidavit. 2. Supplementary affidavit filed by the petitioner is taken on record. 3. By the present writ petition the petitioner seeks cancellation and/or withdrawal of the impugned communication of respondent no.6 under Reference No.21/Sec/AKSHRSM/26 dated 21st August, 2026 and also for appointment of Administrator upon consideration of representation of the petitioner dated 24th August, 2026 by West Bengal Board of Madrasah Education (hereinafter referred to as the ‘Board’). 4. The petitioner contends that he is the Teacher-in- Charge (in short ‘TIC’) of Amdanga Kendriya Siddiquia Hamidia Rahana Senior Madrasah (Fazil) (hereinafter referred to as the ‘said Madrasah’). On instruction of the Board, respondent no.7 was suspended on 30th December, 2024 and disciplinary proceeding was initiated against him for misappropriation of funds of Madrasah and misuse of land. Articles of charges were framed and an Enquiry Officer was appointed to conduct enquiry. Upon completion of enquiry, the Enquiry Officer submitted his report to the Managing Committee on 11th June, 2026. The Managing Committee held its meeting and upon consideration of the enquiry report and the written representation of respondent no.7, resolved to forward the entire matter to the Board for its kind consideration vide letter dated 16th June, 2026. The petitioner was appointed as TIC upon suspension of respondent no.7 by the Managing Committee of the said Madrasah. However, without informing the Board respondent no.7 has been allowed by the Managing Committee of the said Madrasah to rejoin. Subsequently the petitioner has been asked by the Managing Committee to hand over the charges. On 24th August, 2026 the petitioner made a representation before the Board raising objection to reinstatement of the suspended Superintendent, respondent no.7 and also allied 2 issues, which is still pending consideration by the Board. Hence, this writ petition. 5. Mr. Indranil Roy, learned advocate for the petitioner at the outset submits that the petitioner by e-mail dated 25th August, 2026 (Annexure P-10 to the Supplementary Affidavit) have shown his willingness to hand over the charge. However, such handing over the charge should be made in presence of authorised representative from the office of District Inspector of Schools (SE), North 24-Parganas. He also submits that the matter may be relegated to the Board to consider the representation of the petitioner in accordance with law. 6. Mr. Prosenjit Mukherjee, learned advocate for the respondent nos.5 and 6, Managing Committee of the said Madrasah submits that the rejoining of respondent no.7 has been allowed pursuant to exoneration from the charges levelled against him. Therefore, the petitioner cannot question the rejoining of respondent no.7. Moreso, several complaints have been lodged against the petitioner regarding defalcation of funds. He also submits that the writ petition is also premature. 7. Mr. Bidhan Biswas, learned advocate for respondent no.7 submits that the enquiry report forwarded to the Board should also to be taken into consideration by the Board at the time of considering the representation of the petitioner. 3 8. Mr. Nadeem Sulaiman, learned advocate for the Board submits that since the matter is pending consideration by the Board, it may be relegated to the Board which shall decide the entire issues in accordance with law. He also informs that the Board shall appoint an officer in whose presence the petitioner shall hand over the charge and the documents. 9. Learned advocate for the State also concedes to such submission. 10. In view of the submissions advanced by the learned advocates for the respective parties, respondent no.2, West Bengal Board of Madrasah Education is directed to appoint an officer in whose presence handing over of complete charge, records and cash/bank accounts shall be made by the petitioner. Such exercise shall be completed within a period of fortnight from the date upon notice to all concerned. 11. Respondent no.3, Secretary, West Bengal Board of Madrasah Education is further directed to consider the representation of the petitioner dated 24th August, 2026 and dispose of the same by passing a reasoned order in accordance with law upon notice to all parties concerned within a period of four weeks of handing over of charge by the petitioner. 12. Parties shall be at liberty to place all the documents before the authority concerned at the time of hearing. 4 13. The reasoned order shall be communicated to the petitioner within one week from the date of passing of such reasoned order. 14. Learned advocate for the petitioner is directed to communicate this order to the respondent no.2, West Bengal Board of Madrasah Education for necessary action. 15. With the above direction, the writ petition being WPA 22958 of 2026 stands disposed of. 16. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 17. Interim order, if any, stands vacated. 18. All connected applications, if any, stand disposed of. 19. There shall be no order as to costs. 20. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 21. 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.) 5