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IN THE HIGH COURT OF CALCUTTA
Pranab Kumar Chattopadhyay and Tarun Kumar Das, JJ.
Akhtar Hossain Chowdhury - Appellants
Vs.
State of West Bengal - Respondent
M.A.T. No. 1459 of 2012 and C.A.N. 8487 of 2012
Decided On: 16.10.2012
EDUCATION - HIGHER SCALE OF PAY - POST-GRADUATE DEGREE - PRIOR PERMISSION - RELEVANCE OF SUBJECT - CORRESPONDENCE COURSE - WEST BENGAL SCHOOLS (CONTROL OF EXPENDITURE) ACT, 2005, SECTIONS 14(3) - WEST BENGAL SCHOOLS (CONTROL OF EXPENDITURE) ACT, 2005 - CIRCULAR NO. 548-SE(S) DATED 24TH JUNE, 1997 - OFFICE ORDER DATED 27TH NOVEMBER, 2007 - GOVERNMENT ORDER BEING NO. 253-EDN. DATED 17TH SEPTEMBER, 1984 - A teacher who acquired a post-graduate degree in Mathematics is entitled to draw the pay of a post-graduate teacher under section 14(3) of The West Bengal Schools (Control of Expenditure) Act, 2005, even if prior permission for obtaining such higher qualification was not sought from the concerned District Inspector of Schools.
Fact of the Case:
The appellant/petitioner, an Assistant Teacher in a school, claimed the benefit of a higher scale of pay by acquiring a post-graduate degree in Mathematics. The District Inspector of Schools (SE), Paschim Medinipur, rejected the claim on the ground that the appellant/petitioner did not seek prior permission from the concerned District Inspector of Schools through the managing committee of the school for obtaining such higher qualification.
Finding of the Court:
The court held that the circular dated 24th June, 1997, which required teachers to seek prior permission from the District Inspector of Schools for obtaining higher qualification through correspondence course, did not apply to the appellant/petitioner as he had improved his qualification in Mathematics subject through regular course and not through correspondence course. The court also held that the appellant/petitioner had sought prior permission from the District Inspector of Schools for undergoing post-graduate studies in Mathematics through the managing committee of the school and such permission was never denied by the said District Inspector of Schools.
Issues: Whether the circular dated 24th June, 1997, which required teachers to seek prior permission from the District Inspector of Schools for obtaining higher qualification through correspondence course, applied to the appellant/petitioner who had improved his qualification in Mathematics subject through regular course.
Ratio Decidendi: The court held that the circular dated 24th June, 1997, which required teachers to seek prior permission from the District Inspector of Schools for obtaining higher qualification through correspondence course, did not apply to the appellant/petitioner as he had improved his qualification in Mathematics subject through regular course and not through correspondence course. The court also held that the appellant/petitioner had sought prior permission from the District Inspector of Schools for undergoing post-graduate studies in Mathematics through the managing committee of the school and such permission was never denied by the said District Inspector of Schools. Therefore, the appellant/petitioner was entitled to draw the pay of a post-graduate teacher under section 14(3) of The West Bengal Schools (Control of Expenditure) Act, 2005.
Final Decision: The court allowed the appeal and directed the District Inspector of Schools (SE), Paschim Medinipur to allow the benefit of higher scale of (Post-graduate scale) to the appellant/petitioner herein in view of acquiring higher qualification i.e. M.Sc. in Mathematics without any further delay but positively within a period of four weeks from the date of communication of this order.
Re: Application for Stay (CAN 8487 of 2012)
1. This application has been filed in connection with the appeal preferred from the order dated 17th April, 2012 whereby and whereunder a learned Judge of this Court dismissed the writ petition on merits. Going through the records we find that the appellant/petitioner herein claimed benefit of higher scale of pay by acquiring the post-graduate degree in Mathematics.
2. The appellant/petitioner herein has joined the school as an Assistant Teacher in the year 1986 when his academic qualification was B.Sc. (Honours) in Mathematics and B.Ed. degree. The appellant/petitioner subsequently improved his qualification and acquired post-graduate degree in Mathematics. The claim for higher scale of pay for acquiring post-graduate degree in Mathematics was initially rejected by the District Inspector of Schools (SE), Paschim Medinipur under office memorandum dated 15th March, 2011 mainly on the ground that the appellant/petitioner did not seek prior permission from the concerned District Inspector of Schools through the managing committee of the school for obtaining such higher qualification in the light of The West Bengal Schools (Control of Expenditure) Act, 2005 read with Para 3 of G.O. 593-SE (B) dated 27th November, 2007 and also under the provisions as laid down in the Circular being No. 548-SE (S) dated 24th June, 1997.
3. Mr. Moitra, learned senior counsel representing the appellant/petitioner submits that the circular dated 24th June, 1997 has no manner of application in the facts of the present case.
4. The aforesaid circular is set out hereunder:
GOVERNMENT OF WEST BENGAL
School Education Department, Secondary Branch
No. 548-SE(S)
24th June, 1997
To: Recognition of correspondence courses conducted by the different Universities of India.
The undersigned is directed by the order of the Governor to say that henceforth all the teachers teaching in different state-aided schools will have to take prior permission from the District Inspector of Schools (SE) through the Managing Committee, Ad hoc Committee/Administrator as the case may be if they like to enrol themselves and to appear for the examination conducted through Correspondence/Distance Mode of education from the UGC-affiliated universities. The Managing Committee of the concerned school shall send such cases to D.I. (SE) for approval along with their comments, including, inter alia, the relevance of the subject of higher studies and also whether such higher studies are likely to affect the duties of the teacher in the school.
Sd/- B.M. Thakur
O.S.D. & Ex-Officio Deputy Secretary.
5. The aforesaid circular relates to recognition of correspondence courses conducted by the different Universities of India and not relating to grant of any benefit for improving the academic qualification through correspondence course.
6. Furthermore, in the aforesaid circular, it has been mentioned that the Managing Committee of the school concerned while sending the case for approval should also mention the relevance of the subject of higher studies and also whether such higher studies would affect the duties of the teacher in the school.
7. In the present case, it has never been alleged that the teacher concerned conducted the higher studies through correspondence course affecting the duties in the school. The teacher concerned improved his qualification in Mathematics subject which is also a relevant subject in the said school.
8. Needless to mention that the teacher concerned with improved qualification helped the students of the school which immensely benefited the students.
9. The aforesaid circular, in our opinion, does not stand on the way to grant the benefit of higher scale of pay to a teacher on acquiring higher qualification through correspondence course.
10. Mr. Moitra further submits that the appellant/petitioner herein duly applied before the District Inspector of Schools (SE), Paschim Medinipur seeking prior permission for obtaining the higher quali
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