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2026 INSC 691 • Supreme Court of India

Najma Khatun v. State of West Bengal

“Aid Without Accountability Is Constitutionally Unsustainable: Supreme Court Rejects Madrasah Staff Claims Over Appointments Made Without Fair Recruitment”

13 July 2026Justice Dipankar Datta, Justice Augustine George Masih
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TL;DR

The Supreme Court dismissed a batch of 49 writ petitions under Article 32 filed by more than 350 teachers and non-teaching staff of aided madrasahs in West Bengal, who claimed they were validly appointed between 12 March 2014 (when the Calcutta High Court struck down key provisions of the West Bengal Madrasah Service Commission Act, 2008) and 6 January 2020 (when the Supreme Court restored the Act in Sk. Mohd. Rafique). A Committee headed by Justice Debi Prasad Dey (retd.) had examined nearly 500 claims and found none substantiated. The petitioners screened thirteen cases as their strongest, and the Court examined each independently. It found that the appointments suffered from lack of authority of an Ad hoc Managing Committee, lapsed posts, no advertisement in two State-level dailies, walk-in interviews, ante-dated documents and fraud, or reliance on an unconstitutional 10% management quota. It also held that appointments made after 14 March 2016, when the Division Bench judgment was stayed, without the Court's permission were illegal. All claims were rejected, interim protection was vacated, no arrears were payable, and vacancies are to be filled on the Commission's recommendations. No costs were imposed.

The Bottom Line

A government-funded school cannot appoint staff through a closed-door process and then ask the courts to protect the jobs. The Supreme Court held that none of the thirteen strongest cases showed a valid appointment, that the minority character of the madrasahs does not allow non-competitive appointments to posts paid from the public exchequer, and that appointments made after the stay of 14 March 2016 without the Court's leave were illegal. The remaining petitions failed with them.

Case Timeline

The journey from FIR to Supreme Court verdict

event
12 Oct 2007

Madrasahs Declared Minority Institutions

The State notified recognised and aided madrasahs as minority institutions, with appointments through a separate panel of the West Bengal School Service Commission.

event
22 Oct 2008

MSC Act Comes Into Force

The West Bengal Madrasah Service Commission Act, 2008 was enforced, requiring selection of madrasah teachers and non-teaching staff through the Madrasah Service Commission.

judgment
12 Mar 2014

Single Judge Strikes Down Key Provisions

The Calcutta High Court Single Judge declared Sections 8, 10, 11 and 12 of the MSC Act ultra vires.

judgment
9 Dec 2015

Division Bench Upholds Single Judge

The Division Bench dismissed the intra-court appeals. Notification-I (9 February 2015) governed recruitment in the interim, followed by Notification-II (4 March 2016).

order
14 Mar 2016

Supreme Court Stays Division Bench Judgment

A coordinate Bench stayed the Division Bench judgment during the pendency of the special leave petition. The stay was never vacated or modified.

judgment
6 Jan 2020

Sk. Mohd. Rafique Upholds MSC Act

The Supreme Court set aside the High Court judgments and held Sections 8 and 10 to 12 of the MSC Act valid.

order
2 Feb 2023

Snehasis Giri Constitutes Verification Committee

In the contempt proceedings, the Court constituted a Committee headed by Justice Debi Prasad Dey (retd.) under Article 142 to verify claims of appointments made in the interregnum.

order
30 Aug 2024

Interim Protection in Writ Petitions

After the Committee rejected all claims, the writ petitions were filed and orders were passed that the petitioners' employment not be disturbed; a further order of 9 May 2025 directed payment of salary to those discharging duty.

hearing
19 Nov 2025

Court Calls for Ten Most Glaring Cases

The Bench directed petitioners to identify up to ten teachers and five non-teaching staff and answer ten specific questions on the validity of their appointments.

judgment
13 Jul 2026

Supreme Court Dismisses All Writ Petitions

The Court examined the thirteen projected claims, rejected all of them, and dismissed the entire batch without costs.

The Story

The West Bengal Madrasah Service Commission Act, 2008 (MSC Act), modelled on the West Bengal School Service Commission Act, 1997, introduced selection of teachers and non-teaching staff of recognised and aided madrasahs by an expert Commission. Section 10 made the Commission's recommendation mandatory and Section 11 made any appointment in violation of the Act ineffective. A notification dated 12 October 2007 had earlier declared recognised and aided madrasahs to be minority institutions.

Members of the minority community challenged Sections 8 and 10 to 12 of the MSC Act as an intrusion on Article 30 in Managing Committee, Contai Rahamania High Madrasah v. State of West Bengal. A Single Judge of the Calcutta High Court declared these provisions ultra vires on 12 March 2014, and a Division Bench dismissed the appeals on 9 December 2015. Meanwhile the State issued two notifications, of 9 February 2015 (Notification-I) and 4 March 2016 (Notification-II), laying down recruitment procedures for appointments by managing committees. On 14 March 2016 this Court stayed the Division Bench judgment. Various interim orders followed, including an order of 17 May 2018 permitting appointments from the 2014 merit list prepared by the Commission.

On 6 January 2020, in Sk. Mohd. Rafique v. Managing Committee, Contai Rahamania High Madrasah, (2020) 6 SCC 689, a 2-Judge Bench led by U. U. Lalit, J. upheld Sections 8 and 10 to 12 of the MSC Act, applying T.M.A. Pai Foundation, and declared all Commission nominations valid. Contempt petitions to enforce its directions led to Snehasis Giri v. Subhasis Mitra, (2023) 18 SCC 529, in which a Committee headed by Justice Debi Prasad Dey, retired Judge of the Calcutta High Court, was constituted under Article 142 to verify the claims of those appointed in the interregnum. After examining a little less than 500 claims, the Committee found that not a single teacher or non-teaching staff member could substantiate a valid appointment. Review and modification applications by candidates failed.

The petitioners, in excess of 350, then filed 49 writ petitions under Article 32. By orders of 30 August 2024 and 9 May 2025, their employment was not to be disturbed and those discharging duties were to be paid. On 19 November 2025 the Bench asked petitioners to identify not more than ten teachers and five non-teaching staff who had been grossly wronged and to answer ten questions on the recognition of the madrasah, validity of its managing committee, qualifications, staff pattern, advertisement, selection process and District Inspector's approval. Thirteen cases were projected and examined by the Court.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

Whether, in the writ petitions treated essentially as appeals against the Committee's findings of fact, any of the thirteen projected petitioners proved a valid appointment in a recognised aided madrasah between 12 March 2014 and 6 January 2020?

Tap to reveal answer
1SC Answer

No. After independent assessment, the Court found that none of the thirteen was validly appointed. The reasons included appointment by an Ad hoc Managing Committee that was confined by the High Court to day-to-day administration, appointment on a post whose sanction had lapsed, absence of advertisement in two State-level dailies, walk-in interviews, localised advertising, misrepresentation of a Supreme Court order, fabricated or ante-dated documents, and conditional appointments.

Holds that appointment to posts paid from public funds must follow a fair, advertised and competitive procedure, and that claims resting on irregular or fraudulent processes create no enforceable right.

2Question

Whether paragraph 64 of Sk. Mohd. Rafique, deeming appointments made by madrasahs after disposal of the matters by the High Court valid for all purposes, protected the petitioners without verification?

Tap to reveal answer
2SC Answer

No. The same contention had been negatived in Snehasis Giri, which directed verification. Those directions are binding on the parties, and relying on the observation in paragraph 64 was described as building on sand.

Prevents a stray observation in an earlier judgment from being used to bypass court-directed verification of appointments.

3Question

Whether Article 142 can be invoked to protect the service of teachers who were appointed without a fair process or without the requisite qualification, and whether regularisation can be granted on the basis of Jaggo v. Union of India and Sukhendu Bhattacharjee v. State of Assam?

Tap to reveal answer
3SC Answer

No. Article 142 is contextual and the interests of all concerned, including students, must be considered. Regularisation was not prayed for, this was not an exceptional case for relief beyond the prayer, and the Court held that the liberal views in Jaggo and Sukhendu Bhattacharjee are confined to their own facts, while State of Karnataka v. Umadevi (3) and Official Liquidator v. Dayanand, being larger Bench decisions, bind under Article 141.

Reaffirms Umadevi and Dayanand over later smaller-Bench decisions taking a liberal view of regularisation.

4Question

Whether the 10% management quota under clause 6 of Notification-I, permitting appointments from members of the minority organisation without advertisement, could sustain an appointment?

Tap to reveal answer
4SC Answer

No. Although the clause was not challenged, the Court held it wholly unconstitutional, as appointment to a post funded from the public exchequer without competition offends Articles 14 and 16. The minority right under Article 30(1) does not include the right to burden the exchequer with appointments made through a non-competitive, opaque process.

Clarifies that receipt of government aid brings obligations of equal opportunity and transparency even for minority institutions.

5Question

Whether appointments made in madrasahs after 14 March 2016, when the Division Bench judgment was stayed, without the express permission of the Supreme Court, were valid?

Tap to reveal answer
5SC Answer

No. Following the distinction between quashing and staying an order drawn in Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association, the stay created a vacuum in which neither the MSC Act nor Notification-I or II could operate. Managing committees had to approach the Court for guidance, and any appointment made after 14 March 2016 without the Court's express permission is ex facie illegal.

An additional and independent ground invalidating all post-stay appointments in the batch.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

Wholesale rejection by the Committee was colourable and arbitrary

The petitioners argued that the Committee, headed by a former High Court Judge, had been constituted to verify claims and recommend genuine ones but rejected all claims across the board without individual assessment. They said this showed non-application of mind, arbitrariness and breach of Articles 14, 16 and 21, and asked that the report be excluded and each claim considered on its own merits.

Articles 14, 16 and 21 of the Constitution of IndiaSnehasis Giri v. Subhasis Mitra (2023) 18 SCC 529
2

Paragraph 64 of Sk. Mohd. Rafique validated the appointments

Mr. Roy argued that, by paragraph 64 of Sk. Mohd. Rafique, all appointments made after the High Court's decision were to be deemed valid for all purposes, so the verification exercise was unnecessary and the petitioners' rights had crystallised.

Sk. Mohd. Rafique v. Managing Committee, Contai Rahamania High Madrasah (2020) 6 SCC 689
3

Ad hoc Managing Committee and other individual contentions

In individual cases petitioners' counsel argued that an Ad hoc Managing Committee was an appointing authority under Rule 2(d) of the Management Rules, that the requirements of Notification-I should be read as directory, that Article 142 should be invoked, that regularisation should be granted on the basis of Jaggo and Sukhendu Bhattacharjee, and that a Committee finding on a qualification percentage was wrong.

Management of Recognised Non-Government Madrasahs (Aided and Un-aided) Rules, 2002Article 142 of the Constitution of India

Respondent

State of Haryana

1

The Committee's remit was factual and its findings individual

The respondents submitted that the Committee examined every individual claim after notice and hearing, and found that no claim was worthy of recommendation, so rejection of each and every claim was the only option. They argued that the scope of judicial review of such fact-finding is limited and that the petitions were a second round of litigation on concluded facts.

2

Claims lack any basis; appointments after the stay were impermissible

The respondents filed a counter-compilation demonstrating that the claims were wholly without basis. Mr. Ahmadi submitted that five of the projected petitioners were appointed after 14 March 2016, when this Court stayed the Division Bench judgment, and that no appointment under Notification-II could be made without the express permission of this Court.

Notification dated 4 March 2016Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association (1992) 3 SCC 1

Court's Analysis

How the Court reasoned its decision

The Court noted that absent manifest perversity it would ordinarily stay away from the Committee's fact-finding, but because it is the Court of last resort and the litigation had lasted since 2014, it treated the petitions essentially as appeals against those findings, restricted to the thirteen cases the petitioners chose to project. It first rejected the contention based on paragraph 64 of Sk. Mohd. Rafique as misconceived because Snehasis Giri had already considered and negatived it, observing that to rest a claim on that observation is to mistake a whisper for authority. It then examined the notifications that governed recruitment in the interregnum, including the requirements of clear vacancies, advertisement in at least two State-level dailies, a selection committee and communication to the District Inspector of Schools, and independently assessed each claim. Raj Kumar Bag and Sk. Saifuddin failed because an Ad hoc Managing Committee appointed by a High Court bench and confined to day-to-day administration could not recruit to permanent posts, and Rule 2(d) of the Management Rules did not help; the requirements of Notification-I were mandatory, not directory. Md. Saidul Islam was appointed on a post whose sanction had lapsed. Sahana Khatun was disqualified by non-compliance with clauses 5 and 7, though the Committee had erred in applying a 50% marks criterion. Abdur Rahman Gazi, Mosaddek Hossain and Md. Mahamudur Rahman Laskar lacked advertisement and, in the last case, qualifications, and Article 142 could not be invoked because protecting an ineligible teacher cannot be at the cost of students. Salma Sultana's process rested on a Vacation Bench order that was confined to another madrasah, was a misrepresentation by the Secretary, and the advertisement placed on a tenders page of an English daily was disapproved as an attempt to keep deserving candidates unaware. Shikha Khatun and Rajiun Kasfima were found to rely on fabricated claims or on localised advertising. Md. Eliyas was appointed through a walk-in interview, and the Court declined regularisation, preferring Umadevi and Dayanand to the smaller-bench decisions in Jaggo and Sukhendu Bhattacharjee. Kazi Md. Jahirul Hassan's documents were found ante-dated, vitiated by manifest fraud. Md. Mir Mosarraf Hossain, appointed under the 10% management quota, had a conditional appointment that became non-est, and the Court held clause 6 unconstitutional. It concluded that since the thirteen strongest cases failed, the rest were weaker and need not be examined, and added the independent ground that all appointments after 14 March 2016 without leave were illegal.

Building a case placing reliance on the said observation in paragraph 64 of Sk. Mohd. Rafique (supra), in the changed circumstances, is like building on sand; to rest a claim on such observation is to mistake a whisper for authority.

Para 17

Rejects the argument that appointments in the interregnum were automatically validated.

Doing complete justice is not a mechanical exercise; it is contextual in the sense that interests of all concerned deserve consideration. Protecting the service of an ineligible teacher cannot be at the cost of the future of students.

Para 27(c)

Explains why Article 142 relief was refused for an unqualified appointee.

Aid without accountability is constitutionally unsustainable. Minority right under clause (1) of Article 30 of the Constitution does not and cannot include the right to burden the exchequer with appointments made through a non-competitive, opaque process.

Para 35(j)

Core constitutional holding on aided minority institutions and public employment.

The appointments in question are a blot on the system; they must, therefore, be erased and not protected.

Para 37

Summarises the Court's view of the thirteen projected claims.

any appointment made in any madrasah after 14th March, 2016 without obtaining express permission of this Court is also ex facie illegal and cannot be sustained.

Para 41

Independent ground invalidating post-stay appointments across the batch.

Dismissed

The Verdict

Relief Granted

No relief was granted. The petitioners lose their claims to service benefits, and the Court clarified that, because the writ petitions were thoroughly misconceived, costs could have been imposed but were refrained from since no arrears were being directed.

Directions Issued

  • The claims of all the petitioners were rejected
  • No arrears of salary and allowances are payable; the State cannot be fastened with any liability to release payment
  • Interim orders restraining the respondents from dislodging the petitioners and directing payment of salary and allowances stand vacated forthwith
  • The vacant sanctioned posts may now be filled up as per the recommendations of the Madrasah Service Commission
  • No costs were imposed on the petitioners, taking a lenient view
  • Connected applications, if pending, disposed of

Key Legal Principles Established

1

Appointments to posts in aided institutions paid from the public exchequer must follow a fair, transparent and competitive procedure consistent with Articles 14 and 16.

2

The right of a minority under Article 30(1) does not include the right to burden the exchequer with appointments made through a non-competitive, opaque process; aid carries accountability.

3

A Committee constituted by the Supreme Court to verify claims produces findings of fact that deserve due weight, though the Court may make an independent assessment.

4

A Court-appointed Ad hoc Managing Committee limited to day-to-day administration cannot recruit to permanent posts.

5

Requirements of recruitment notifications such as advertisement in two State-level dailies, selection committee constitution and communication to the District Inspector are mandatory, as reading them as directory would dilute merit-based selection.

6

Localised or obscure advertising does not satisfy the requirement of wide publicity, and walk-in interviews are not contemplated by the recruitment procedures.

7

Documents shown to be ante-dated to create a colour of prior recruitment vitiate the appointment by fraud and confer no right.

8

Article 142 is contextual and cannot be used to protect an ineligible appointee at the cost of students.

9

The decisions in Umadevi (3) and Dayanand bind under Article 141; smaller-bench decisions taking a liberal approach to regularisation are confined to their own facts.

10

Quashing and staying an order are distinct, and where a stay leaves a legal vacuum, those who wish to act must seek the Court's guidance rather than proceed on their own.

Key Takeaways

What different people should know from this case

  • Government jobs and jobs in government-aided institutions must be advertised widely and filled through a fair competition, not by walk-in interviews or quiet appointments.
  • Being a minority institution does not allow an aided school or madrasah to appoint staff without competition when the salaries are paid from public money.
  • An appointment letter by itself does not give a right to salary if the selection process was not followed.
  • Documents created later to look like an earlier process can cause an appointment to be declared fraudulent.
  • Courts will consider the interest of students, not only that of the staff, before using special powers to protect a job.

Frequently Asked Questions

The Supreme Court dismissed the entire batch of 49 writ petitions filed by more than 350 teachers and non-teaching staff of aided madrasahs in West Bengal. It held that none of the thirteen cases projected as the strongest showed a valid appointment, and that all appointments made after 14 March 2016 without the Court's permission were illegal. Interim protection and salary orders were vacated.
The same argument had been considered and rejected in Snehasis Giri v. Subhasis Mitra, which ordered a verification exercise. The Court said those directions bind the parties and that resting a claim on that paragraph was like building on sand.
No. The Court held that appointment without competition to posts paid from public funds offends Articles 14 and 16, and that the minority right under Article 30(1) does not include the right to burden the exchequer with appointments made through a non-competitive, opaque process. It declared clause 6 of Notification-I, the 10% management quota without advertisement, unconstitutional.
No. Since the appointments were not made in accordance with Notification-I or Notification-II, the State cannot be fastened with liability. The orders directing payment of salary and restraining dislodgement stand vacated.
On 14 March 2016 the Supreme Court stayed the Division Bench judgment striking down the MSC Act provisions, which left neither the MSC Act nor the interim recruitment notifications operative. The Court held that managing committees should have approached it for guidance, and that any appointment after that date without express permission was ex facie illegal.
The Court directed that, as the interim orders were vacated, the vacant sanctioned posts may now be filled up as per the recommendations of the Madrasah Service Commission.

DISCLAIMER: This case summary is for educational and informational purposes only. It does not constitute legal advice. For advice on your specific situation, please consult a qualified advocate. JurisOptima is not responsible for any actions taken based on this information.

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