02.05.2025.

Ct.No.7.

as WPA 27343 of 2024 Arup Kumar Das Vs.

The State of West Bengal & Ors.

Sk. Sahjahan Ali.

…for the Petitioner.

Mr. Supriya Chattopadhyay, Mr. Arindam Ghosh …for the State.

1. The defensibility of the order dated September 30, 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 an M.Sc. in Mathematics in 2005. While pursuing the course, the West Bengal Regional School Service Commission, 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 Kumarhat High School, Hooghly. Pursuant to that recommendation, the petitioner joined the school on 21st March, 2006.

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 the University of North Bengal in 2007.

The last date of his final examination was 10^th May, 2007.

5. Subsequently, the petitioner made an application through the Headmaster 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), Purba Bardhaman, for consideration, on 15^th March, 2024. However, despite receiving his representation, no action was taken.

6. On 30^th September, 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. Upon improvement of his qualification relevant to his teaching, the petitioner approached the District Inspector of Schools concerned with a prayer for granting of higher scale of pay by submitting a representation. However, despite receiving such representation, no effective decision has taken thereon, prompting the petitioner to prefer a writ petition being WPA 9286 of 2024 directing the District Inspector of Schools concerned to take a decision on the petitioner’s representation. In compliance with that order dated 7th May, 2024 passed in WPA 9286 of 2024, a reasoned order was passed declining to accept the petitioner’s contention as the petitioner has not taken any permission before improving his qualification in accordance with law. Petitioner’s prayer for sanction of leave was accepted by the Board.

8. 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 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.

9. Referring to an unreported decision of a Hon’ble Division B