A bench of Chief Justice S.A. Bobde and comprising Justices B.R. Gavai and Surya Kant agreed to examine the matter and issued a notice to the West Bengal government and the Centre.
Senior advocates Rajeev Dhavan and Salman Khurshid, appearing for Contai Rahamania High Madrasah, said the issue is not limited to the appointment by the state, but there is the larger issue linked to the fundamental right of these institutions to appoint teachers.
The Madrasah says the apex court judgement by a two-judge bench delivered on January 6 is contrary to the eleven-judge judgement, which gave fundamental rights to minority institutions to appoint teachers.
The institution's counsel said, after the apex court judgement, it has become mandatory for minority institutions to follow the statutory board created by the state.
The court recommended the petitioners to move the High Court, but Dhavan insisted that after High Court verdict, they would again have to come to the apex court. The bench replied that the High Court may go by the eleven-judge bench verdict.
Madrasah counsel insisted that the top court should hear the matter and clear the ambiguity. The minority institution, two days after the January 6 verdict, moved the top court with a fresh writ petition challenging the judgment, saying the case should be heard by a larger bench.
The two-judge Supreme Court bench had upheld the 2008 West Bengal government law to constitute the Madrasah Service Commission for appointment of teachers in madrassas. The top court observed that the process of selection of teachers and their nomination by the panel does not violate the rights of the minority educational institutions.
( With inputs from IANS )