3000 Vacancies For 14 Years | Cal HC Directed The State to Appoint Immediately, The Penalty Also Impose

Despite a recruitment exam in 2010, 3,000 Madrasah posts have remained unfilled for 14 years. Today(on 13th June), High Court has ordered the state to complete the recruitment within three months and imposed a fine on the Madrasah Service Commission for the delay.

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3000 Vacancies For 14 Years | Cal HC Directed The State to Appoint Immediately, The Penalty Also Impose
Calcutta High Court

KOLKATA: The Calcutta High Court has reprimanded the state for its prolonged delay in appointing candidates to Madrasahs, highlighting a staggering 14-year gap since the recruitment exam was held in 2010. This delay has resulted in around 3,000 vacancies in Madrasahs across the state remaining unfilled.

Today(on 13th June), a division bench comprising Justice Harish Tandon and Justice Prosenjit Biswas addressed the issue, clearly stating that no further time extensions would be granted to the state to complete the recruitment process.

The judges were adamant that the recruitment of the 3,000 posts must be finalized within the next three months. Additionally, the Madrasah Service Commission will face a penalty for failing to make the necessary appointments.

The case, which had been dragging on for over a decade, reached a critical point when the petitioner’s lawyer underscored the Commission’s persistent ‘challenge’ in appointing individuals to the vacant positions over the past 14 years. The frustration was palpable as the lawyer emphasized the prolonged wait endured by the candidates who had cleared the recruitment exam in 2010.

In response, the Madrasah Service Commission presented a proposal to cancel the existing recruitment process and initiate a fresh examination to fill the vacancies. However, this suggestion was outrightly rejected by the division bench.

The judges unequivocally stated-

“The commission must comply with the court’s order within three months, with no further extensions granted.”

This directive reflects the court’s firm stance on the matter, emphasizing the urgency of addressing the long-standing vacancies.

Furthermore, the bench imposed a fine of two lakh rupees on the Madrasah Service Commission for not complying with the court’s order despite the extensive delay. This penalty underscores the court’s intent to enforce accountability and ensure that the recruitment process is expedited without any further procrastination.

The High Court’s decision brings a glimmer of hope to the numerous candidates who have been waiting for over a decade for their rightful appointments. The ruling also serves as a stern reminder to the authorities about the importance of timely recruitment processes, especially in the education sector, where delays can significantly impact the functioning of institutions and the quality of education provided.

The directive to complete the recruitment within three months is a clear message that the court will not tolerate any further delays. It is now incumbent upon the Madrasah Service Commission to adhere to the court’s order and expedite the recruitment process, ensuring that the vacant posts are filled promptly and efficiently.

Back in 2010, an examination was conducted to recruit individuals for Group-D posts in Madrasas, under a plan that was set to appoint 3000 workers. Despite the initial intention, the recruitment process was stalled due to what has been described as governmental indifference.

Firdous Shamim, the lawyer representing the aggrieved candidates, pointedly criticized the government’s lackluster approach.

“The government does not want to provide jobs. So he remained indifferent in this matter,”

– Shamim expressed, highlighting the perceived negligence that hindered the recruitment.

The issue of these appointments was brought to the judiciary in 2019 when a single bench led by Justice Rajashekhar Mantha mandated that the vacancies be filled within 14 days. However, this order was contested by the Madrasa Service Commission, which appealed to a Division Bench.

The appeal was unsuccessful, and the Division Bench upheld the initial ruling. Despite this affirmation, the appointments remained unfulfilled.

Explaining further delays, the commission requested additional time from the court, citing the COVID-19 pandemic as a major disruptor. Initially, a six-month extension was granted, which was subsequently followed by another six-month period under the same pretext. These extensions led to significant setbacks in fulfilling the court’s order.

The persistence of these delays culminated in a recent court session where both parties presented their arguments. The court, evidently frustrated with the continuous postponements and non-compliance, decided to impose a financial penalty on the Madrasa Service Commission.

“The Madrasah Service Commission must pay a fine of two lakh rupees for repeatedly failing to execute the court’s order and not complying despite extensions.”

-the court declared.

Alongside the fine, the court issued a definitive timeline, ordering that the recruitment for the 3000 vacancies be completed within the next three months.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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