Supreme Court Dismisses Batch of Madrasah Staff Petitions, Holds Illegitimate Appointments During Legal Interregnum Invalid

Case Snapshot

Case Name: Najma Khatun & Ors. v. State of West Bengal & Ors. (with connected petitions)

Citation: 2026 INSC 691

Bench: Justice Dipankar Datta and Justice Augustine George Masih

Date of Judgment: July 13, 2026

Area of Law: Service Law, Education Law, Constitutional Law, Minority Rights

The Judgment in One Line

Appointments made to madrasahs during the legal interregnum without following recruitment notifications, proper advertisements, or obtaining Court approval are invalid and cannot be sustained.

Why This Judgment Matters

This landmark judgment conclusively settles a decade-long dispute over appointments in West Bengal madrasahs. The Supreme Court examined thirteen representative cases—projected as the strongest—and found all appointments vitiated by procedural violations, lack of advertisements, appointment on non-existent posts, fraudulent documents, and failure to obtain Court approval during the stay period. The Court held that appointments made after March 14, 2016 (when the Division Bench judgment was stayed) without express permission are ex facie illegal. The judgment protects the merit-based selection process through the Madrasah Service Commission and prevents backdoor entries into public employment.

Background

The West Bengal Madrasah Service Commission Act, 2008 (MSC Act) was challenged by minority institutions as violative of Article 30. The Single Judge and Division Bench of the Calcutta High Court declared certain provisions ultra vires. In response, the State issued Notification-I (February 2015) and Notification-II (March 2016) for recruitment procedures. The Supreme Court in Sk. Mohd. Rafique (January 2020) upheld the MSC

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