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What is the Supreme Court’s take on West Bengal Madrasah Service Commission Act, 2008?

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The Supreme Court has upheld the constitutional validity of the West Bengal Madrasah Service Commission Act, 2008 which came into force for the purpose of recruitment of teachers including Headmasters/Headmistresses of recognised non-Government aided Madrasahs in West Bengal.

The recruitment of non-teaching staff including librarians has been entrusted with the Commission by amendment of the Act. The Commission selects candidates for the appointment as teachers and will soon select non-teaching staff in madrasahs in West Bengal.

A ‘teacher’ under the Act means either an Assistant Teacher or anyone holding a teaching post in a madrasah recognised by the Board of the Council.
It also includes the Headmaster /Headmistress /Superintendent, but does not include the Assistant Headmaster or Assistant Headmistress or the teacher who is holding a post against short term vacancy.

The Supreme Court verdict dated January 6, 2020 said that this law did not affect the right of minority institutions as it upheld national interests, ensuring quality education for the welfare of the students.

It was held that if any regulations seek to ensure the standard of excellence of the institutions while preserving the right of the minorities to establish and administer their educational institutions, such regulations would not violate minority rights under Article 30(1).

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