Back
IN THE HIGH COURT OF CALCUTTA
Soumen Sen, Saugata Bhattacharyya, JJ.
Md Adeel Uz Zaman - Appellant
Versus
State Of West Bengal & Ors. - Respondents
M.A.T. No. 825 of 2020; C.A.N. No. 1 of 2021
Decided On : 11-02-2021
Permission - Higher Qualification - West Bengal Schools (Control and Expenditure) Act 2005 - Section 14(3) - Government Order dated 27th November, 2007 - Clause 1, 2, 3 - Summary of Acts and Sections: The court discussed the relevance of seeking prior permission for obtaining higher qualification under Clause 3 of the Government Order dated 27th November, 2007 in relation to Section 14(3) of the West Bengal Schools (Control and Expenditure) Act 2005. The court emphasized the importance of encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students. The court also highlighted the authority's discretion to grant ex-post-facto approval for higher scale of pay if sufficient reasons exist.
Fact of the Case:
The appellant, a teacher, sought higher scale of pay after obtaining a higher qualification. The District Inspector rejected the claim citing lack of prior permission. The Single Judge dismissed the writ petition based on a Government Order requiring prior permission for higher qualification. The appellant appealed, arguing that the Order did not apply to his case.
Finding of the Court:
The court found that the appellant, who was pursuing higher studies at the time of appointment, was not required to obtain prior permission for further enrollment as per the Government Order. The court emphasized the importance of encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students. The court directed the District Inspector to reconsider the claim without rejecting it solely on the ground of lack of prior permission.
Issues: The issues involved the requirement of prior permission for obtaining higher qualification under the Government Order and the relevance of such permission in granting higher scale of pay.
Ratio Decidendi: The court held that the appellant, already pursuing higher studies at the time of appointment, was not required to obtain prior permission for further enrollment as per the Government Order. The court emphasized the importance of encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students. The court also highlighted the authority's discretion to grant ex-post-facto approval for higher scale of pay if sufficient reasons exist.
Final Decision: The court set aside the Single Judge's order and directed the District Inspector to reconsider the claim for higher scale of pay without rejecting it solely on the ground of lack of prior permission. The District Inspector was instructed to pass a reasoned order within six weeks and communicate it to the appellant.
JUDGMENT
Soumen Sen, J. - The appeal is arising out of an order dated 3rd March, 2020 in connection with the writ petition in which the appellant/writ petitioner challenged the order dated 2nd March, 2016 refusing his claim for higher scale of pay. The appellant/writ petitioner participated in the Selection Process at 4th RLST, of 2010, conducted by the West Bengal Madrassa Service Commission and after being selected his name was recommended for appointment to the post of assistant teacher in Chemistry (Hons.) in the respondent Madrassa on 22nd June, 2011. At the relevant time he was holding B.SC. (Hons.) degree in Chemistry. He was appointed to the Madrasah on vide appointment letter dated 18th July 2011 and joined his service on 21st July, 2011. Before his appointment the petitioner was pursuing his higher study i.e. M.SC. in Chemistry in Aligarh Muslim University for enhancement of his qualification since 2010. The appellant completed his M.SC. Part-I examination i.e. 1st and 2nd semester in the month of June, July 2011 before joining his service in the said post. After joining his service the appellant on 1st July, 2012 applied for permission to complete his higher study of M.SC. part-II examination. The Managing Committee by a resolution dated 15th July 2012 granted such permission without any pay from 1st September, 2012 till 31st May, 2013 for study leave and the said resolution was forwarded to the District Inspector of Schools (S.E.) Murshidabad on 19th July, 2012. The appellant successfully passed the examination and secured 1st Division in the examination held on 19th May, 2013. On the basis of such improvement of his qualification in the relevant subject the appellant applied for higher scale of pay on 12th August, 2014 to the Head Master of the said school who in turn forwarded the said letter to the District Inspector of Schools for sanctioning higher scale of pay by a letter dated 18th May, 2015. The District Inspector rejected the said claim on the ground that the appellant did not seek prior permission of concerned District Inspector of Schools (S.E) for obtaining such higher qualification. In absence of such prior permission the claim for higher scale of pay cannot be entertained and accordingly rejected the claim of the writ petitioner. This was challenged before the learned Single Judge in W.P. No. 7217(w) of 2016. The learned Single Judge relying upon paragraph 3 of the notification dated 27 November, 2007 bearing No.539- SE/B published under the West Bengal School (Control and Expenditure) Act 2005 dismissed the writ petition as the said Rule requires a teacher to seek prior permission of concerned District Inspector of Schools for obtaining such higher qualification through the Managing Committee of the School. The learned Single Judge was of the view that the order of the District Inspector is well reasoned and has been passed after taking into consideration of the relevant facts and circumstances including the extent law. It was further held that in absence of any permission granted by the concerned District Inspector of schools to the petitioner which was mandatorily required, the writ petitioner is not entitled to such relief.
2. Mr. Shaktipada Jana, the learned Counsel appearing on behalf of the appellant submits that there may not be any requirement of any prior permission before the appellant participated in the examination as before his appointment of assistant teacher he was pursuing his M.SC. course and he sought for permission from the Managing Committee so that he could complete his course successfully within the scheduled period. It is submitted that the reliance on paragraph 3 of Government Order dated 27th November, 2007 was misplaced and is not applicable to the case of the writ petitioner. It is submitted that the said Rule could be relevant where the petitioner after joining the post as a graduate, wants to pursue higher studies. It is further submitted that this Bench had the occasion t
Encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students.
The main legal point established in the judgment is that a teacher, upon obtaining a post-graduate degree as per the West Bengal Schools (Control of Expenditure) Act, 2005, is entitled to the higher ....
The main legal point established is that the ROPA Rules, 1998 do not mandate obtaining prior permission and study leave for obtaining higher scale of pay based on improved qualifications relevant to ....
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
