Recognition of Madrasahs as Minority Educational Institutions
Government of West Bengal
Minorities’ Development & Welfare & Madrasah Education Department
Writers’ Buildings, Kolkata-700001.
No. 1465-MD/07 Dated 12.10.07
NOTIFICATION
WHEREAS Muslim recognised as Minority Community in the State of West Bengal and minorities have the right under Article 30 of the Constitution of India to establish and administer educational institution of their choice.
AND WHEREAS the State Government is competent to declare a particular institution as a minority institution and till such time the government issue an order declaring that it is a minority institution, they can not operate as Minority Institutions;
AND WHEREAS the Supreme Court has held that the Government are the Competent Authority to verify and determine the minority status of an Educational Institution for the purpose of Article 30(1) of the Constitution of India.
AND WHEREAS the Govt. recognised Madrasahs, including Hooghly Govt Madrasah and the Calcutta Madrasah were originally established by the Muslim minority and continuously administered by the members of that minority to subserve and promote the interests of the minority community concerned.
AND WHEREAS the abovesaid Madrasahs were, in course of times, recognised alongwith liabilities by the Government for promoting educational interests of the Muslim minority and on verification it has been ascertained that more than 90% students are pursuing their studies in these institutions and these Madrasahs are functioning under supervision of the W. B. Madrasah Board constituted with member representatives of the Minority Community concerned;
AND WHEREAS the State Govt. having been satisfied about the above antecedents of all the recognised Madrasahs which are aided and guided by the Government prescribed guidelines relating to admissions, selections etc. and about their continuing and sustained functioning for promoting the interests of the concerned minority, have become satisfied that these institutions are fit to enjoy minority status of an Educational Institution for the purpose of Article 30(1) of the Constitution of India.
AND WHEREAS the Govt. in the State of West Bengal have also considered it expedients to declare these recognized and aided Madrasahs and those which will be so recognized and aided as such in future as Minority Educational Institute.
NOW, THEREFORE, in accordance with the above considerations and in pursuance of the Article 30 of the Constitution of India the Government is pleased, hereby to declare that all the recognized and aided Madrasahs under control of the Government and those Madrasahs which will be recognized on similar lines in future, as Minority Educational Institutions. These institutions will also be allowed, in consequence, to have the following effects as agreed upon by the State Government.
i) They will continue to get financial assistance as before from the State Government.
ii) Reservation policy for employment etc. shall not apply in case of appointment of teachers and non-teaching staff in these Madrasahs.
iii) Selection of teachers may continue to be done by West Bengal School Service Commission through separate panel.
By order of the Governor
Pawan Agarwal
Secretary to the Govt of West Bengal
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