In a decisive ruling on July 13, 2026, the Supreme Court of India dismissed a batch of over 40 writ petitions filed by 361 teachers and non-teaching employees of recognised West Bengal Madrasahs who had sought regularisation of appointments and payment of salaries under the State’s Grants-in-Aid Scheme.
The judgment was pronounced by a bench of Justice Dipankar Datta and Justice Augustine George Masih, according to LiveLaw. The ruling brought a conclusive end to a prolonged legal dispute rooted in the turbulent legislative history of the West Bengal Madrasah Service Commission Act, 2008.
Background: How We Got Here
The dispute traces its origins to the West Bengal Madrasah Service Commission Act, 2008, which created a statutory commission to recommend teacher appointments in recognised Madrasahs across the state.
In 2014, a single-judge bench of the Calcutta High Court struck down the 2008 Act as unconstitutional. A Division Bench of the same court affirmed that ruling in 2015. During this window of legal uncertainty, a number of staff were appointed to Madrasahs outside the framework of the now-invalidated Act.
- In March 2016, the Supreme Court stayed the Calcutta High Court Division Bench judgment, as reported by Bar & Bench, allowing the matter to remain in legal limbo for nearly four more years.
- On January 6, 2020, the Supreme Court finally settled the statutory question in Sk. Md. Rafique v. Managing Committee, Contai Rahamania High Madrasah, upholding the constitutional validity of the West Bengal Madrasah Service Commission Act, 2008.
- On February 2, 2023, acting on a contempt petition, the Supreme Court constituted a committee to examine the validity of appointments made after the Calcutta High Court’s ruling but before the Supreme Court’s 2020 judgment. The committee found such appointments invalid.
The affected employees — 361 in total — then challenged the committee’s findings by filing writ petitions directly before the Supreme Court under Article 32 of the Constitution of India.
The lead case is NAJMA KHATUN AND ORS. v. THE STATE OF WEST BENGAL AND ORS., W.P.(C) No. 566/2024. The batch also includes petitions by Md Mir Mosarraf Hossain, Samina Yeasmin, Mastara Khatun, and Sahana Khatun v. Directorate of Madrasah Education, per LiveLaw and LawBeat.
While litigation continued, the Court passed interim orders protecting the petitioners. In August 2024, it shielded their services from termination. In May 2025, it directed the State to pay salaries to those actually discharging teaching duties, subject to further orders, according to Bar & Bench.
The Ruling — Key Findings
The Supreme Court bench of Justices Dipankar Datta and AG Masih reserved judgment on May 21, 2026, and pronounced it on July 13, 2026, dismissing all writ petitions without exception, per LiveLaw.
Rather than examining each of the 361 petitions individually, the Court adopted a representative-case methodology. It scrutinised 13 cases in detail — examining whether the concerned Madrasahs had valid recognition at the time of appointment, and whether their Managing Committees were legally constituted under the Management Rules with approval from the Madrasah Education Board.
None of the 13 representative petitioners could make out a case for relief. The bench held that their appointments were not entitled to recognition or salary support under the Grants-in-Aid Scheme, according to ANI and Bar & Bench.
The Court stated: “Unfortunately, neither of the 13 could persuade us. All writ petitions are without merit and hence, dismissed.”
In its operative findings, the bench further held: “Therefore, we have not only rejected the claims of all 13 petitioners whose cases were scrutinised, but have also rejected the claims of all the remaining petitioners. All the writ petitions are devoid of merit and are accordingly dismissed.”
The rejection of the 13 representative cases served as the basis for dismissing the claims of all 361 petitioners, as reported by LiveLaw and Bar & Bench.
Reactions & What’s Next
No specific statements from counsel, petitioners, or the State Government of West Bengal following the judgment have been reported in the verified sources at the time of publication.
With all writ petitions now dismissed, the interim protections — including the May 2025 direction for salary payments — are no longer operative. The judgment appears to be final on the merits, leaving no further procedural step pending before the Supreme Court in this batch, per the sources reviewed.
Full coverage: LiveLaw. More legal news at The Courtroom.
Why did the Supreme Court dismiss the pleas of West Bengal madrasah staff?
The Court examined 13 representative cases from among the 361 petitioners and found that none could establish valid appointments. Key issues were whether the Madrasahs held valid recognition at the time of appointment and whether their Managing Committees were legally constituted with approval from the Madrasah Education Board. Finding no merit in any of the 13 test cases, the bench dismissed all petitions in the batch.
What is the West Bengal Madrasah Service Commission Act, 2008, and why is it central to this case?
The Act created a statutory commission to recommend teacher appointments in recognised West Bengal Madrasahs. It was struck down by the Calcutta High Court in 2014 and again in 2015, but the Supreme Court stayed that ruling in March 2016 and ultimately upheld the Act’s validity on January 6, 2020, in Sk. Md. Rafique v. Managing Committee, Contai Rahamania High Madrasah. Appointments made in the intervening period — after the High Court’s ruling but before the Supreme Court’s 2020 verdict — became the subject of this litigation.
Which judges pronounced the July 13, 2026 ruling in the West Bengal madrasah staff case?
The judgment was delivered by a bench comprising Justice Dipankar Datta and Justice Augustine George Masih of the Supreme Court of India, according to LiveLaw and Bar & Bench.
What interim relief had the petitioners received before the final ruling?
In August 2024, the Supreme Court passed an interim order protecting the petitioners’ services. In May 2025, it directed the State of West Bengal to pay salaries to those actually discharging teaching duties, subject to further orders. Both protections ceased to have effect upon dismissal of all petitions on July 13, 2026.
Disclaimer
Disclaimer: This article is for general information only and does not constitute legal advice. Laws may change or vary by case — consult a qualified lawyer before acting. The Courtroom is not liable for any reliance on this content.
