Calcutta High Court
FMA/10/2025 of REZAUL KHAIR AND ORS Vs STATE OF WEST BENGAL AND ORS. on 25 September 2026
ct no. 13 Sl. 22 sp F.M.A. 10 of 2025 With CAN 1 of 2026 Rezaul Khair & Ors. -Versus- State of West Bengal & Ors. Mr. Anindya Bose, Mr. Santanu Maji, Ms. Debrani Mondal, Mr. Chandan Das. …for the appellants. Mr. Sahasrangshu Bhattacharjee, Ms. Mary Datta, ..for the State. 1. A
25-09-2026
ct no. 13
Sl. 22
sp
F.M.A. 10 of 2025
With
CAN 1 of 2026
Rezaul Khair & Ors.
-Versus-
State of West Bengal & Ors.
Mr. Anindya Bose,
Mr. Santanu Maji,
Ms. Debrani Mondal,
Mr. Chandan Das.
…for the appellants.
Mr. Sahasrangshu Bhattacharjee,
Ms. Mary Datta,
..for the State.
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1. A writ petition praying for relief similar to the one in the instant appeal was dismissed by another Co-ordinate Bench on 19th March, 2025 in WPA 243 of 2024. The said order was interfered with by a Division Bench of this Court in MAT 551 of 2025 (Soumendu Chattopadhyay Vs. The State of West Bengal & Ors.) vide order dated 16th April, 2026. The order of the Division Bench (supra) was carried to the Hon’ble Supreme Court by the Madrasah Service Commission which directed the Single Bench to hear out all the questions on law and facts upholding the views of the Division Bench dated 7th September, 2026 in SLP (Civil) No. 30627 of 2026.
2. The petitioner prays that the impugned order being similar and on the same lines as the order dated 19th March, 2025 (supra), is also required to be heard afresh by the Single Bench.
3. In that view of the matter, the impugned order dated 18th November, 2024 shall stand set aside and the matter is remanded back to the Single Bench in terms of the order of the Supreme Court dated 7th September, 2026 (supra).
4. In view of the above, FMA 10 of 2025 is allowed and disposed of.
5. Consequently, CAN 1 of 2026 shall also stand disposed of.
6. There shall be no order as to costs.
7. The order of the Single Bench dated 19th March, 2025 (supra) and the order of the Supreme Court dated 7th September, 2026 (supra) are kept with the record.
8. All the parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.) (Anuj Singh, J.)
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