Calcutta High Court
Administrative and Public LawCivil Procedure and Evidence

Prior approval and salary payment do not bar verification of Madrasa appointments under prescribed recruitment rules.

TARIKUL MOLLA AND ORS vs STATE OF WEST BENGAL AND ORS.

Calcutta High CourtJUDGMENT: October 07, 20261 MIN READSOURCE JUDGMENT
Prior approval and salary payment do not bar verification of Madrasa appointments under prescribed recruitment rules.. TARIKUL MOLLA AND ORS vs STATE OF WEST BENGAL AND ORS.. Calcutta High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were teaching and non-teaching staff appointed in different Madrasahs between the Calcutta High Court’s judgment of 9 December 2015 declaring provisions of the West Bengal Madrasah Service Commission Act, 2008 unconstitutional and the Supreme Court’s stay of that judgment on 14 March 2016.

Source reference: para. 2–3, 18–20

Their appointments were approved, and they had been receiving salaries.

Source reference: para. 2–3, 18–20

The Supreme Court subsequently upheld the Act in Sk. Mohd. Rafique v. Managing Committee, Contai Rahamania High Madrasah and stated that certain post-High Court appointments would be deemed valid.

Source reference: para. 20

Later proceedings in Snehasis Giri led to a committee examining appointment claims against specified criteria, including compliance with two Government notifications; the Supreme Court considered the committee’s findings in Najma Khatun.

Source reference: para. 21–23

In July 2026, the Director of Madrasah Education issued notices calling the petitioners to produce documents for verification of their appointments against those notifications. The petitioners challenged the notices as an impermissible reopening of settled approvals.

Source reference: para. 1, 3, 29
02

Issues

1. Whether the Director of Madrasah Education was justified in calling the petitioners for verification of the approvals of their appointments against the applicable Government notifications

Source reference: para. 14

2. Whether the verification notices were amenable

03

Acts & Sections Cited

5 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

West Bengal Madrasah Service Commission Act, 20085

Calcutta High Court

Original Court PDF

TARIKUL MOLLA AND ORSvsSTATE OF WEST BENGAL AND ORS.

Calcutta High Court · October 07, 2026

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