JUDGMENT :

Tapabrata Chakraborty, J.

1. Having acquired the Bachelor of Science degree from the University of Calcutta in the year 1983, the writ petitioner, namely, Basudeb Biswas (in short, Basudeb) participated in a selection process for appointment to the post of an Assistant Teacher in Science and Mathematics. He emerged to be successful in the said selection process and was appointed to the said post in Bagula Purba Para High School (in short, the said school) on 10th January, 1986. Such appointment was approved by the respondent no.3 vide memo dated 31st March, 1986. Upon obtaining necessary permission from the Managing Committee of the said school, Basudeb pursued the Master of Science (Mathematics) correspondence course conducted by the Himachal Pradesh University under distance mode and obtained the degree in the year 1999. On the strength of the Master degree in the relevant subject of teaching, Basudeb applied for higher scale of pay. Such prayer was, however, rejected by the respondent no.2 vide memo dated 17th January, 2002. Challenging the said order Basudeb preferred the writ petition being WP No.7452 (W) of 2002.

2. The learned Single Judge by an order dated 16th July, 2002 referred the matter to the Hon’ble Chief Justice so that the same may be placed before a Larger Bench for deciding as to ‘whether the degrees obtained from Himachal Pradesh University through correspondence course is recognized or not ?’ since, according to the learned Single Judge, the judgment delivered by the Hon’ble Division Bench in the case of Partha Basu –vs- State of West Bengal, reported in 2001(3) CHN 721 [decided analogously with Utpal Man vs. Jyotirmoy Sen] is in conflict with the judgment delivered by the Hon’ble Division Bench in the case of West Bengal Central Service Commission and others –vs- Gita Guha, reported in 2002 (2) CHN 531.

3. In view of the said order dated 16th July, 2002, the matter has been placed before this Court for deciding as to ‘whether the degrees obtained from Himachal Pradesh University through correspondence course is recognized or not ?’.

4. By a notification dated 19th December, 1994, the State Government refused to recognize a post-graduate degree granted on the basis of a correspondence course by Himachal Pradesh University. The said order was challenged in the case of Kalidas Gangopadhyay –vs- State of West Bengal, reported in 1996 (2) CLJ 42 and by the judgment delivered on 10th May, 1996, the learned Single Judge observed that such degree obtained through correspondence course is a valid and potent degree like any other degree awarded to the regular students by any other University and quashed the order dated 19th December, 1994 placing reliance upon the judgment delivered in the case of Muchha Mondal –vs- The State of West Bengal and others, reported in AIR 1996 Cal 132. In the case of Muchha Mondal (Supra) a notification dated 10th September, 1991 was under consideration. However, a divergent view was expressed by another learned Single judge in the case of Tapas Kumar Das –vs- State of West Bengal and others, reported in 1996 (2) CLJ 467. The same question again came up for consideration in the case of Kitab Singh Rai –vs- The State of West Bengal and others, reported in 1998 (1) CLJ 258 and the learned Single Judge came to the conclusion that the law settled by the decisions in Muchha Mondal (Supra) and Kali Das Gangopadhyay (Supra) is the law on the point. The same question was again considered by a Division Bench of this Court in the case of Swadesh Kumar –vs- State of West Bengal in an unreported judgment dated 1st February, 2000 rendered in Writ Petition No. 1050(W) of 1999 with Writ Petition being W.P. 2748 of 1999 and the issue was decided on the basis of the prevailing notifications. Thereafter the issue again came up for consideration in the case of Utpal Man –vs- Jyotirmoy Sen, reported in 2001(3) CHN 721 and the said appeal was disposed of by a judgment dated 18th May, 2001 observing t