Supreme Court of India · 2020-01-06
SK. MD. RAFIQUE vs MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH AND ORS
- Citation / case number
- SC 2016/6251
- Court
- Supreme Court of India
- Petitioner
- SK. MD. RAFIQUE
- Respondent
- MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH AND ORS
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA
Judgment text excerpt
The Supreme Court upheld the High Court's decision declaring Sections 8, 10, 11, and 12 of the West Bengal Madrasah Service Commission Act, 2008 as ultra vires, affirming that these provisions infringe upon the rights of minority institutions to appoint their own teachers. The Court emphasized that the Commission's binding recommendations on teacher appointments violate the autonomy granted to minority educational institutions under Article 30 of the Constitution. Consequently, the appeals against the High Court's ruling were dismissed, reinforcing the protection of minority rights in educational governance.