JUDGMENT :

Rai Chattopadhyay, J.

The Court: The writ petitioner is the permanent teacher appointed in Balarampur Abhoy Ashram Naitalim Vidyapith (HS), on 28.08.2008. He has been appointed as against a sanctioned post in the said school.

2. The writ petitioner is aggrieved that allegedly, illegally and arbitrarily his prayer for payment of enhanced scale of pay has been rejected by the Commissioner of School Education, West Bengal vide order dated 03.09.2019, in spite of his acquiring higher qualification.

3. The necessary factual back ground of this case may be narrated in a nutshell as follows:-

At the time of appointment on 28.08.2008 the writ petitioner was qualified with a B.Sc. degree in computer science and B.Ed. However, at the said point of time he was under going the course of Master Degree in Computer Science (MCA). By that time he had already completed all other semesters of the Master Degree (MCA) course excepting the final Semester. At this juncture he got appointment in the school as named above.

4. Before appearing in the 5th Semester of MCA, he sought permission from the concerned school and the school had adopted a resolution on 11.11.2008, granting him permission to