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IN THE HIGH COURT AT CALCUTTA
BHAGABATI PROSAD BANERJEE, J.
Tapas Kumar Das - Petitioner
Versus
The State of West Bengal - Opposite Party
C.O. No. 7309 (W) of 1996
Decided on: September 3, 1996
EDUCATION - EQUIVALENCE OF DEGREES - CORRESPONDENCE COURSE - RECOGNITION - STATE GOVERNMENT POLICY - JUDICIAL REVIEW - SCOPE - EQUIVALENCE OF POSTS - INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES, 1954 - ARTICLE 141 OF THE CONSTITUTION - PER INCURIAM DECISION - ARTICLE 226 OF THE CONSTITUTION - WRIT APPLICATION - DISMISSAL.
Fact of the Case:
The petitioner, an Assistant Teacher in Science Group, obtained a Master of Science in Mathematics Degree through Correspondence Course from Annamalai University. He sought re-fixation of his pay scale based on the higher qualification. The District Inspector of Schools and the State Government denied the request, citing a Government Order that did not recognize degrees obtained through Correspondence Courses as equivalent to regular courses.
Finding of the Court:
The Court held that the State Government was within its jurisdiction to not recognize degrees obtained through Correspondence Courses as equivalent to regular courses. It relied on the Supreme Court's decision in Rajendra Prasad Mathur v. Karnataka University, which held that it is for each University to decide the question of equivalence and that the Court should not interfere with such decisions. The Court also noted that the University Grants Commission had recognized Annamalai University as a statutory University competent to award its own degrees, but this did not mean that degrees issued by the University after conducting a Correspondence Course would be treated as equivalent to regular degrees.
Issues: 1. Whether the Court can make a determination of equivalence of examinations and degrees obtained through Correspondence Courses. 2. Whether the State Government's policy of not recognizing degrees obtained through Correspondence Courses as equivalent to regular courses is arbitrary and illegal. 3. Whether the petitioner is entitled to a higher pay scale based on the degree obtained through Correspondence Course.
Ratio Decidendi: 1. The Court held that it is for the University to decide the question of equivalence of degrees and diplomas obtained through Correspondence Courses and regular courses. The Court cannot make such determinations as it lacks the expertise to do so. 2. The Court held that the State Government's policy of not recognizing degrees obtained through Correspondence Courses as equivalent to regular courses is not arbitrary or illegal. The State Government has the right to set its own policies regarding the recognition of degrees and diplomas. 3. The Court held that the petitioner is not entitled to a higher pay scale based on the degree obtained through Correspondence Course.
Final Decision: The Court dismissed the petitioner's writ application.
1. The petitioner is an Assistant Teacher in Science Group working since August 9, 1988, in Bakhrabad Bharati Vidyapith, which is a duly recognized Government Aided High School in the District of Midnapore. The petitioner obtained B.Sc. with distinction in the year 1970, and also obtained the Degree of Bachelor of Education from the Calcutta University in the year 1975, and was placed in the Second Class.
2. At the time of entry in service as the teacher, accordingly he was B. Sc., B.Ed, and he was placed in the pay scale of Rs. 1640-3635, which is a revised Pay scale No 14 of Annexure-III of the ROPA Rules as published by the Government in Memo No 33-Edn(B), dated Calcutta, the 7th March, 1990 His existing pay on the basis of the said revised pay scale was fixed at Rs. 2655/- on May 24, 1995. The ROPA Rules also provide higher pay scale for the teachers who have enhanced qualification, which is called a qualification pay.
3. It appears that, in order to have the benefit of higher pay scale which is given on the basis of acquiring of higher academic qualifications, the petitioner had obtained the Master of Science in Mathematics Degree in the Correspondence Course introduced by the Annamalai University. The certificate that was issued by the Annamalai University on 29.01.1996, provides that "This is to certify that the M.Sc., Mathematics Degree (Distance Education) Examination for Tapas Kumar Das, Reg. No. 18E28P2804, was ended on 23rd May, 1995". Thereafter, a provisional certificate was issued to the petitioner by the said University, in which it was certified that "This is to certify that Tapas Kumar Das has passed the Master of Science in Mathematics Degree Examination held in May 1995, and that he/she was placed in Second Class." The said provisional certificate was issued on September 18, 1995.
4 On the basis of the said certificate, the petitioner applied to the Secretary of the Bakhrabad Bharati Vidyapith, through the Head Master for the re-fixation of the pay due to increase of qualification in this regard.
5. It also appears that on the prayer made by the petitioner, the Managing Committee of the said School, by its Resolution dated January 18, 1991, allowed the petitioner to sit for the examination for the purpose of increasing his educational qualification. After the petitioner had obtained the said degree from the said University, the Managing Committee of the said School, in its meeting dated 29.12.1995, resolved that the District Inspector of Schools should move for the purpose of giving him the increased pay scale of Rs. 1780-3780, as the said teacher had increased his qualification by acquiring M.Sc. Degree. Accordingly, the matter was referred to the District Inspector of Schools (SE), Midnapore, by the school authorities. All papers in connection therewith were submitted to the District Inspector of Schools.
6. Earlier, the petitioner referred the matter before the University Grants Commission for ascertaining the value of such degree and the University Grants Commission, by the letter dated September 8, 1995, informed the petitioner as follows :-
"I am directed to refer to your letter No. NIL dated 24.7.95 on the above subject, I am directed to say as under :-
1. Recognition of degrees awarded by statutory University/Institution deemed to be University for the purposes of employment is done by the State/Central Government concerned which may kindly be approached direct in this regard.
2. Recognition of degrees for purposes of admission is done by the Universities concerned on reciprocal basis. You are advised to approach the concerned University direct in the matter. You may also approach the Secretary, Association of Indian Universities, 16, Kotla Marg, New Delhi-110 002 in this regard.
3. Annamalai University, Annamalai Nagar, has been established by an Act and is competent to award its own degrees, which are recognised by the University Grants Commission."
7. Ultimately, the District Inspector of Schools,
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