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24.12.2025

Sl. No.12(DL)

Ct. No.14

srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

W.P.A. No. 14148 of 2025

Quazi Tahamina Fatema

Versus

The State of West Bengal & Ors.

Sk. Sahjahan Ali

…for the Petitioner.

Mr. Sirsanya Bandyopadhyay,

Ms. Tapati Samanta

…for the State.

Mr. Nadeed Sulaiman

…for the Madrasah Board.

1. By the present writ petition, the petitioner seeks

setting aside of the order dated 18th March, 2024

passed by the Director of Madrasah Education, West

Bengal and also for taking steps for grant of higher

scale of pay as a recognition of obtaining Masters

degree in Education by the petitioner.

2. The petitioner contends that she joined Munshirhat

Sadekia High Madrasah (HS), Cooch Behar on 30th

December, 2011. The service of the petitioner was

duly approved by the District Inspector of Schools

(Secondary Education), Cooch Behar on 19^th January,

2012. On 6^th July, 2015, the petitioner made a prayer

before the Secretary of the Managing Committee,

Munshirhat Sadekia High Madrasah (HS), Cooch

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Behar seeking permission to pursue a degree in

postgraduate course in the subject of Education

through distance mode. The managing committee

adopted a resolution to grant permission to the

petitioner to take admission and obtain a degree in

the postgraduate in the subject of Education through

distance mode without hampering the normal duties

of the Madrasah. On 10^th December. 2015, the

Headmaster of the said Madrasah made a prayer

seeking permission for pursuing Masters degree in

Education by the petitioner before the office of the

District Inspector of Schools (Secondary Education).

The petitioner took admission in Netaji Subhas Open

University and obtained her Masters degree in

Education through distance mode in the year 2019.

Thereafter, the petitioner made a request before the

Secretary of the Managing Committee as well as the

Headmaster of the said Madrasah for taking

necessary steps for higher scale of pay recognising

her Masters degree in Education. Subsequent thereto,

on 18th March, 2024 the petitioner made an

application to the Director of Madrasah Education,

West Bengal for sanctioning the higher scale of pay

recognising her Masters degree in Education, however

such prayer was rejected by the Director of Madrasah

Education on 18th March, 2024. Hence, this writ

petition.

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3. Mr. Sk. Sahjahan Ali, learned Advocate appearing for

the petitioner submits that the obligation of a teacher

comes to an end the moment the teacher applies

before the Managing Committee of school for

obtaining prior permission for enhancement of

educational qualification. As per the settled-principle

of law, prior permission of the District Inspector of

Schools is not required. He seeks for setting aside of

the impugned order dated 18th March, 2024 of the

respondent No.2, Director of Madrasah Education

and for grant of higher scale of pay in favour of the

petitioner. In support of his contention, he relies on a

decision of the Larger Bench of this Court passed in

Munshirhat Sadekia High Madrasah (HS) Utpal

Kanti Karan & Ors. versus State of West Bengal

& Ors. reported in (2024) SCC OnLine Cal 1274 as

well as the orders passed by co-ordinate Benches of

this Court in similar circumstances in (1) Ujjwal

Chandra versus The State of West Bengal & Ors. (In

Re: WPA 26405 of 2025, (2) Sanjay Mondal versus The

State of West Bengal & Ors. (In Re: WPA 21965 of

2025) and (3) Jimut Mandal versus The State of West

Bengal & Ors. (In Re: WPA 17585 of 2024).

4. Mr. Nadeem Sulaiman, learned Advocate representing

the Madrasah Education also submits that the

petitioner having taken permission from the

managing committee is entitled to higher scale of pay,

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since G.O. No.593-SE(B) dated 27^th November, 2007

was set aside by the Larger Bench.

5. In similar circumstances in WPA 26405 of 2025, a co-

ordinate Bench of this Court observed as follows:

“6. Whether non-forwarding of the resolution of the

managing committee according prior permission to the

petitioner to enhance his educational q