HIGH COURT OF CALCUTTA
Ashok Kumar Mathur, Chief Justice & Girish Chandra Gupta, JJ.
Utpal Man
vs.
Jyotirmoy Sen
Partha Basu
vs.
State of West Bengal
Kamal Krishna Dutta
vs.
State of West Bengal
MAT No. 3846 of 1998 with W.P. No. 3036 (W) of 1999 and W.P. No. 3116 (W) of 1999
Decided On : May 18, 2001
EDUCATION - APPOINTMENT OF ASSISTANT TEACHER - RECOGNITION OF B.ED. AND M.A. DEGREES OBTAINED THROUGH CORRESPONDENCE COURSE - H.P. UNIVERSITY AND ANNAMALAI UNIVERSITY.
Fact of the Case:
The petitioner, a B.Ed. degree holder from Annamalai University, challenged the District Inspector of Schools' order approving the second-ranked candidate for the post of Assistant Teacher (English) in Latiaboni Anchal High School. The petitioner argued that the B.Ed. degree obtained through correspondence course from Annamalai University is recognized by the Government of West Bengal and is equivalent to B.T./B.Ed. degree.
Finding of the Court:
The court held that the B.Ed. degree obtained through correspondence course from Annamalai University is recognized by the Government of West Bengal and is equivalent to B.T./B.Ed. degree. The court also held that the Himachal Pradesh University is established under the Himachal Pradesh University Act, 1970 and the University has been recognized by the UGC, then the degrees granted by the said University cannot be denied the recognition by other authorities except unless there is a specific notification by a competent academic body that the degree granted by the Himachal Pradesh University cannot be treated as equal to the degrees granted by the other universities.
Issues: 1. Whether the B.Ed. degree obtained through correspondence course from Annamalai University is recognized by the Government of West Bengal? 2. Whether the M.A. Degree obtained through correspondence course from Himachal Pradesh University is recognized by the Government of West Bengal?
Ratio Decidendi: 1. The court relied on a Circular of the Government of West Bengal dated 10th September, 1991 (G.O. No. 1243 Edn[s]) whereby the Government of West Bengal has recognized the B.Ed. degree from Annamalai University through correspondence course and released yearly increments in time scale and other benefits admissible to B.Ed./B.T. degree holders. 2. The court also relied on a notification being G.O. No.904-SE (Secretary) dated 19th December, 1994 which was in force though the same was quashed in the decision in Kalidas Gangopadhyay (supra) by Justice G.R. Bhattacharjee (As His Lordship then was) then what is the effect?
Final Decision: The court allowed the writ petition and directed the District Inspector of Schools to approve the panel originally prepared pursuant to the interview held on 15th May, 1997 in which the petitioner figured as No.1 and sent to the district Inspector of Schools concerned for approval on 29th May, 1997. The court also directed that the M.A. Degree obtained through correspondence course from Himachal Pradesh University is recognized by the Government of West Bengal.
Ashok Kumar Mathur, C.J.: This is an appeal directed against the order passed by the Learned Single Judge dated 18th September, 1998 whereby the Learned Single Judge has allowed the writ petition and set aside the order of the District Inspector of Schools for recasting the original panel. The Learned Single Judge further directed that the District Inspector of Schools to approve the panel originally prepared pursuant to the interview held on 15th May, 1997 in which the petitioner figured as No.1 and sent to the district Inspector of Schools concerned for approval on 29th May, 1997. It was further observed that in view of the revival of the panel it should be approved by the District Inspector of Schools by 31th October, 1998 and the school authorities should also issue appointment to the first empanelled candidate namely the petitioner within 15 days. It was also pointed out so far as the private respondent No.7, who has been working in the school in place of the writ petitioner, he cannot continue. However, if there is any vacancy in the language group in the same school, the same shall be filled up by the school authorities forthwith and will allow the respondent No.7 to appear at the interview and this case should be considered on priority basis taking into consideration the facts and circumstances of this case, and if a panel is prepared the name of the respondent No.7 should be included and the District Inspector of Schools shall approve the said panel. It was also pointed out that anther post in language group was originally reserved for Scheduled Tribe which was filled up, the person has left his job and automatically the post has fallen vacant under the general category. It was ordered that this post too should be filled up and the School Service Commission shall not standi in the way of filling up of the above posts. On account of this the respondent No.7 was dislodged from the service, therefore he was driven to file the present appeal.
2. The petitioner filed this writ petition challenging the order dated 11th August, 1997 (Annexure "F") issued by the District Inspector of Schools (Secondary Education), Bankura whereby his name was not approved for appointment to the post of Assistant Teacher (English) and approved the name of respondent No.7 Utpal Man, who was second in the panel. It is alleged that the post was lying vacant in the Latiaboni Anchal High School, P.O. Durlavpur, District Bankura and permission was accorded by the District Inspector of Schools for filling up this vacancy of the Assistant Teacher of English in the said school. The petitioner's name was sent by the Employment Exchange and he appeared at the interview before the Selection Committee along with other candidates. A panel was prepared by the Selection Committee and the name of the petitioner appeared first in the panel, the panel was forwarded by the school for approval to the District Inspector of Schools. The petitioner subsequently came to know that the District Inspector of Schools has approved the name of respondent No.7, Utpal/Man, who was second in the panel and has been appointed as Assistant Teacher in English of Latiaboni Anchal High School, Bankura. Thereafter, the petitioner made necessary inquiries and found that the name of the petitioner was not approved by the District Inspector of Schools and a person appearing in the second position has been approved. Therefore, accordingly appointment has been 'issued. Aggrieved against this order the petitioner filed a writ petition being W.P. No. 19693 (W) of 1997. The question arose in that writ petition was whether the B.Ed. degree obtained by the petitioner from the Annamalai University, Madras through correspondence course is recognized or not. Therefore, the District Inspector of Schools directed the school authorities to recast the panel and the school authorities recasted the panel and accordingly the same was approved and appointment of respondent No.7 followed. The Learn
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