02.04.2025.

Ct.No.7 sdas WPA 19424 of 2024 Biswajit Pramanik Vs.

The State of West Bengal & Ors.

Sk. Sahjahan Ali …for the petitioner.

Mr. Swapan Banerjee, learned AGP Mr. Sougata Mitra …for the State.

1. The defensibility of the order dated May 31, 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 Mathematics, a subject relevant to his teaching.

2. The petitioner began pursuing M.Sc. in Mathematics on August 18, 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 Mathematics, participated in the selection process, and emerged as a successful candidate. Consequently, his name was recommended for the post of assistant teacher in Mathematics at Garaimari Jadav Krishna Vidyaniketan (Higher Secondary). Pursuant to that recommendation, the petitioner joined the school on September 17, 2007.

4. 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 Mathematics. 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 Mathematics from Netaji Subhas Open University in 2010. The last date of his final examination was February 7, 2010.

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), Nadia, for consideration, on Januaury, 21, 2021. However, despite receiving his representation, no action was taken.

6. On May 31, 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 Mathematics. Aggrieved by this order, the petitioner has preferred the present writ petition.

7. Mr. Ali, 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 answering 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 unreported decisions of Hon’ble Division Bench rendered in FMA 1299 of 2021 (The State of West Bengal & Ors. Vs. Animesh Choudhury & Ors.). He also cites an unreported judgment passed by a Co- ordina