Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2020

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.

SK. MD. RAFIQUE vs MANAGING COMMITTEE, CONTAI RAHAMANIA HIGH MADRASAH AND ORS · Niyam