Historically, madrasas were distinguished as institutions of higher studies and existed in contrast to more rudimentary schools called kuttab that taught only the Quran.

But those candidates, who pass Fazil Examination with English as an additional subject, are considered eligible for admission to the pre-university (Arts) course of the University of Calcutta.

Subsequently, the WBCHSE allowed such students to be admitted to class XI in a higher secondary school.

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

1[(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority.

[6] The Board shall consist of the following members: - (a) the President; (b) the President of the West Bengal Council of Higher Secondary Education, ex officio; (c) the President of the West Bengal Board of Secondary Education, ex officio; (d) the President of the West Bengal Board of Primary Education, ex officio; [(e) the Director of Madrasah Education, West Bengal, ex officio] (f) the Head of the Department of Arabic, Calcutta University, ex-officio; (g) the representative of Vice-Chancellor Allah University, ex officio;] (h) two heads of recognized Madrasahs—one High Madrasah and one Senior Madrasah—nominated by the State Government; (i) two Members of the West Bengal Legislative Assembly nominated by the State Government; (j) three persons nominated by the State Government of whom - (i) one shall be a whole time member of the teaching staff of a college imparting instruction in Arabic or Persian language and affiliated to any University in West Bengal, (ii) one shall be an expert in Islamic Culture and Theology, and (iii) one shall be a woman interested in Madrasah Education; (k) [eleven] whole time and permanent members of the teaching staff of recognized Madrasahs—five from High Madrasahs, three from Senior Madrasahs and two from Junior High Madrasahs [and one from Primary Madrasah] — elected in the manner prescribed; (l) two persons from the whole time and permanent non teaching staff of recognized Madrasahs elected in the manner prescribed; (m) one person from the whole time and permanent staff of the Board elected in the manner prescribed.

It is not in dispute the writ petitioners’ status as minority institutions and on the other hand there was a declaration to that effect.

The writ petitioners’ contentions before the learned Single Judge were nothing but taking away the rights of the minority groups guaranteed by the Constitution of India.

In other words, such legislation and/or restriction imposed by the said Act in question was an inroad into the fundamental rights of the minority institutions guaranteed by the Constitution.

In other words, they tried to impress upon the learned Single Judge that role of the commission is mere recommendatory in nature and nothing else.

They also contended that in order to achieve implementation of quality education, such enactment was necessary and therefore, the writ petitioners could not have challenged such genuine policy of the State.