New Delhi, Jan 8 (IANS) The Madrassa Managing Committee of West Bengal on Wednesday moved the Supreme Court challenging its recent judgement by a two-judge bench allowing state to appoint teachers through a commission for minority institutions.
The top court on Monday upheld the West Bengal Madrassa Service Commission Act, 2008, which paved the way for appointment of teachers in the madrassas of the state.
A bench headed by Chief Justice S.A. Bobde and comprising Justices B.R. Gavai and Surya Kant said that the court will next week hear the plea of the Madrassa Managing Committee.
Senior advocate Salman Khurshid, representing the committee, contended before the court that the case needs to be heard by a larger bench as the recent verdict is in conflict with top court’s earlier judgment on minority rights.
A bench comprising Justices Arun Mishra and U.U. Lalit said that any departure from the concept of merit and excellence would not make a minority educational institution an effective vehicle to achieve what has been contemplated in various decisions of the apex court. “Further, if merit is not the sole and governing criteria, the minority institutions may lag behind the non-minority institutions rather than keep in step with them”, observed the court.
The bench in the 151-page judgement said, “The selection of the teachers and their nomination by the Commission constituted under the Act would satisfy the national interest as well as the interest of the minority educational institutions,”.
Delivering the judgement on a slew of petitions, the apex court set aside the Calcutta High judgement declaring the provisions of the law as ultra vires.