25.03.2025.

02 Ct.No.654.

as WPA 24005 of 2024 Sanjay Roy Vs.

The State of West Bengal & Ors.

Mr. K. C. Das, Sk. Sahjahan.

…for the Petitioner.

Mr. Santanu Maitra, Ld. Sr. Govt. Adv., Ms. Kakali Pal. …for the State.

1. The defensibility of the order dated September 9, 2024, issued by the District Inspector of Schools, declining to accept the petitioner’s prayer for a higher scale of pay, has been called into question in this writ petition. Additionally, the petitioner prays for a direction upon the respondents to grant a higher scale of pay due to his acquisition of a higher qualification in Physics, a subject relevant to his teaching.

2. The petitioner began pursuing an M.Sc. in Physics in 2007. While pursuing the course, the West Bengal Regional School Service Commission, South Eastern Region, initiated a selection process to fill various posts of assistant teachers in the region.

3. The petitioner offered his candidature for the post of assistant teacher in Physics, participated in the selection process, and emerged as a successful candidate. Consequently, his name was recommended for the post of assistant teacher in Physics at Bipin Behari Bidyapith (High School). Pursuant to that recommendation, the petitioner joined the school on September 26, 2008.

4. On April 20, 2009, he made a prayer to the Secretary of the Managing Committee of the school to grant permission to appear in the final examination of M.Sc. Part-II in Physics. By adopting a resolution, the Managing Committee of the School granted permission. The petitioner subsequently appeared in the examination and obtained a Master's Degree in Physics from the University of Calcutta in 2009. The last date of his final examination was June 15, 2009.

5. Subsequently, the petitioner made an application through the Headmistress to the competent authority, requesting a higher scale of pay. He also requested that his representation be forwarded to the District Inspector of Schools (SE), North 24-Parganas, for consideration, on June 27, 2012. However, despite receiving his representation, no action was taken. Consequently, by another communication dated November 14, 2014, the Deputy Director of School Education wrote a letter to the District Inspector of Schools, urging a decision on the petitioner's application.

6. On September 9, 2024, the District Inspector of Schools passed a reasoned order rejecting the petitioner's prayer for a higher scale of pay, on the grounds that the petitioner had not obtained prior permission from the District Inspector of Schools before pursuing the M.Sc. degree in Physics. Aggrieved by this order, the petitioner has preferred the present writ petition.

7. Mr. Das, representing the petitioner, submits that the issue concerning the requirement of prior permission for a candidate who entered service while pursuing an M.Sc. course is no longer res integra. He refers to the decision reported in 2024 Supreme (OnLine) (Cal) 3278 (Utpal Kanti Karan & Ors. Vs. State of West Bengal & Ors.), where the Hon'ble Special Bench, in addressing the reference, observed that if a teacher has partially completed higher studies before entering service, they would fall under the purview of G.O. No. 1595-SE(S) dated December 26, 2005. In such cases, the requirement to obtain permission from the District Inspector of Schools would not apply.

8. Referring to an unreported decision of a Hon’ble Division Bench of this Court delivered in an intra court appeal, MAT 1825 of 2022 with CAN 1 of 2024 (Mijanaur Rahaman Vs. The State of West Bengal & Ors.), he submits that the Hon’ble Division Bench also accepted such view and held that if a teacher partially completed higher study before entering service, he/she is not required to obtain permission from the District Inspector of Schools concerned to complete the studies and obtain Post graduate degree. He also places his reliance on a judgment, reported in 2022 1 Cal. L. J. 17 (Md. Adeel UZ Zaman Vs. State of West Bengal & Ors.) and an unrep