Back
High Court Of Calcutta
Gitesh Ranjan Bhattacharjee
KALIDAS GANGOPADHYAY - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. O. 1622 (W) Of 1990
Decided On : 05/10/1996
EDUCATION - Himachal Pradesh University - Correspondence Course - Recognition of Degrees - Validity of G. O. No. 904-SE (Secy) dt. 19. 12. 94 issued by the School Education Department (Secondary Branch) of the Government of West Bengal - Held, the impugned G. O. No. 904-SE (Secy) dt. 19. 12. 94 issued by the School Education Department (Secondary Branch) of the Government of West Bengal is hereby quashed.
Fact of the Case:
The writ petitioners are aggrieved by and victims of the decisions of the School Education Department (Secondary Branch) of the Government of West Bengal as communicated by its Assistant Secretary to the Director of School Education under his No. 904-SE (Secy) dated the 19th December, 1994, the relevant portion of which runs thus :-"sub: Claim for higher scale of Pay from teachers enhancing qualification from Himachal Pradesh University through correspondence course. "the undersigned is directed to refer to the subject noted above and to say that the State Government in Education (School) Department as a matter of policy, have not agreed to recognise a decree /diploma/ Master Degree etc. acquired through correspondence course from any University etc, as equivalent to a regular course conducted by recognised Universities. "as such, the question of extending the benefit of higher scale for acquiring such a degree/diploma/master Degree through correspondence course does not arise. "in all the writ petitions the validity of the aforesaid G. O. No. 904-SE (Secy) dt. 19. 12. 94 has been challenged.
Finding of the Court:
1. The Himachal Pradesh University is a statutory University of which the Governor of the State is its Chancellor. This University is recognised by the University Grants Commission and also receives grant from the UGC. Under section 22 of the University Grants Commission Act, 1956 this University is entitled to confer or grant degrees. 2. The Himachal Pradesh University is included in the list of Universities maintained by UGC under section 2 (f) of the UGC Act and is recognised by the UGC. 3. The syllabus, courses, question papers, mode of examination, result, degrees etc. are the same both for the students of correspondence courses and regular students of the Himachal Pradesh University. 4. The correspondence courses do not include any laboratory-oriented subject, like Physics. Chemistry, etc. 5. The Himachal Pradesh University is a statutory institution and all its degree programmes conducted through regular / correspondence studies are automatically recognised. 6. The Himachal Pradesh University has prescribed syllabi, standards and duration of studies for the correspondence courses as for their regular students and that the evaluation, grading, degree awarding also remain the same as for regular programme. 7. The minimum qualification for admission to the M. A. Course of Himachal Pradesh University is graduation and for M. Sc (Maths) it is graduation with Mathematics as an elective subject. 8. The duration of the M. A. /m. Sc (Maths) correspondence course is two years in four semesters. 9. The lessons are prepared by eminent scholars and teachers. 10. The post-graduate students, ordinarily are sent ten to sixteen written lessons covering each course. 11. The students are required to submit written responses for each assignment. 12. Those students, who do not submit at least 75% of the response/sheets within the stipulated date and cannot secure at least 30% of maximum total marks in those assignments are not eligible to take the examinations. 13. The Master Degree awarded by the Himachal Pradesh University to its correspondence Course students is as valid and potent a degree as is awarded to its regular students and also as valid and potent as a Master Degree of any other recognised University in India.
Issues: None
Ratio Decidendi: 1. The impugned G. O. No. 904-SE (Secy) dt. 19. 12. 94 issued by the School Education Department (Secondary Branch) of the Government of West Bengal is arbitrary, misconceived and untenable. 2. The Master Degree awarded by the Himachal Pradesh University to its correspondence Course students is as valid and potent a degree as is awarded to its regular students and also as valid and potent as a Master Degree of any other recognised University in India.
Final Decision: The impugned G. O. No. 904-SE (Secy) dt. 19. 12. 94 issued by the School Education Department (Secondary Branch) of the Government of West Bengal is hereby quashed.
( 1 ) THE writ petitioners of all these writ petitions are aggrieved by and victims of the decisions of the School Education Department (Secondary Branch) of the Government of West Bengal as communicated by its Assistant Secretary to the Director of School Education under his No. 904-SE (Secy) dated the 19th December, 1994, the relevant portion of which runs thus :-"sub: Claim for higher scale of Pay from teachers enhancing qualification from Himachal Pradesh University through correspondence course. "the undersigned is directed to refer to the subject noted above and to say that the State Government in Education (School) Department as a matter of policy, have not agreed to recognise a decree /diploma/ Master Degree etc. acquired through correspondence course from any University etc, as equivalent to a regular course conducted by recognised Universities. "as such, the question of extending the benefit of higher scale for acquiring such a degree/diploma/master Degree through correspondence course does not arise. "in all the writ petitions the validity of the aforesaid G. O. No. 904-SE (Secy) dt. 19. 12. 94 has been challenged.
( 2 ) IN C. O. 1622 (W)/96 (Kalidas Gangopadhyay and Ors. v. State of W. B.) there are seven writ petitioners. Out of those seven writ petitioners, the petitioners Nos. 1,5,6 and 7 are working as Assistant teachers in schools and the petitioners No. 3 is working as Teacher-in-change in a school. The petitioner No. 2 is working as a clerk in a school. The petitioner No. 4 is unemployed. The petitioner No. 3 has appeared in M. A. (English) final examination of the Himachal Pradesh University through its correspondence course and all the other six writ petitioners also improved their qualification by passing M. A. /m. Sc (Maths) examination of the said University through its correspondence course. By reason of improving their qualification by obtaining M. A. /m. Sc (Maths) degree from a recognised University the concerned writ petitioners serving as teachers in schools are entitled to enhanced scale of pay, namely, the post graduate scale, but they are not being given or will not be given the said scale because of the issuance of the impugned G. O. No. 9o4 SE (Secy) dt. 19. 12. 94. The petitioner No. 2, who is serving as a clerk in a school, after obtaining M. A. degree in English from the Himachal Pradesh University through its correspondence course got his name enrolled as a post graduate candidate in the Employment Exchange and on two occasion his name, on being sponsored by the Employment Exchange, was forwarded by the District Inspector of Schools (Secondary Education) Jalpaiguri for participation in the interview for the post of Assistant Teacher in English on the basis of his post graduate qualification of the M. A. degree obtained by him from the Himachal Pradesh University through its correspondence course. He however now apprehend that his name will not be forwarded any more by the D. I. of Schools for such post because of the existence of the said G. O. dated 19. 12. 94. His grievance is that while the Directorate of Employment, Government of W. Bengal recognised his post graduate qualification of M. A. Degree from H. P. University and even the D. I. also forwarded his name on two occasions by recognising such qualification, the Education Department of the Government of W. Bengal cannot now capriciously derecognise his such qualification. The petitioner No. 4 who is an unemployed person obtained B. Sc (Honours in Maths) Degree from the North Bengal University and then obtained M. Sc (Maths) degree from Himachal Pradesh University through its correspondence course. He was then admitted to B. Ed, course in A. C. Training College, Jalpaiguri under the North Bengal University where admission to B. Ed, course for fresher candidates is restricted to post graduate degree holders only and that is why he had to obtain migration certificate from Himachal Pradesh University for pros
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
