Supreme Court rejects 350 Bengal madrasah staffers’ claims of wage arrears over recruitment violations

The Supreme Court has rejected the claims of nearly 350 teaching and non-teaching staff from West Bengal madrasahs seeking salary arrears and regularization. The court ruled that their recruitment violated state notifications, deeming the appointments "a blot on the system" that must be erased.

A bench comprising Justices Dipankar Datta and Augustine George Masih made this decision while reviewing 49 petitions. Instead of examining all 350 cases, the court focused on 13 individual cases presented as the most deserving. Finding no grounds for interference in these selected cases, the bench declined to consider the claims of the remaining petitioners.

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

The court also vacated interim orders that had protected some petitioners' employment and salary payments while their cases were pending. The ruling stated that since the appointments did not comply with state government notifications, the state cannot be held liable for payments. Authorities are now permitted to remove these staff and fill the vacant positions based on the recommendations of the Madrasah Service Commission.

This decision stems from a long-standing legal battle over the validity of the West Bengal Madrasah Service Commission Act, 2008. While the Calcutta High Court had initially invalidated the Act in 2015, the Supreme Court later upheld it in 2020. The Act mandates the Commission's recommendations for all recruitment, deeming any selections made in violation of its provisions void.

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Appointments not having been made either in accordance with Notification-I or Notification-II (of the state government), the state cannot be fastened with any liability to release payment.