Md. Motiar Rahaman vs State Of West Bengal And Others

Rajasekhar Mantha, J

The petitioner joined the Madrasah as an assistant teacher in the Honours category in the year 2009. Prior thereto he had completed his M. A. Part-I

Examination in the year 2008. He completed M. A. Part-II Examination in the year 2010. Before sitting for M. A. Part-II Examination this Managing

Committee on behalf of the petitioner applied to the D. I. of Schools for permission to the petitioner to enhance his qualifications. The D. I. of schools

has not communicated any formal approval to the petitioner.

The petitioner would argue that he is not hit by the provisions of Section 14 of the West Bengal (Control of Expenditure) Act of 2005 or the Circular

dated 27.11.2007 being No. 593-SE(B) issued under Section 14(3) of the said Act. He submits that he is entitled to higher pay scale notwithstanding

the fact that the D. I. of Schools has not formally communicated approval for his acquiring post graduate degree by sitting in the M. A. Part-II

Examination.

He relies upon a decision of a Co-ordinate Bench of this Court in the case of Pranesh Kumar Nandy Vs. State of West Bengal and others in W. P.

No. 3700(W) of 2018 dated 16.05.2018 and a judgement of a Division Bench of this Court dated 16.10.2012 passed in M.A.T. 1459 of 2012. He also

relies upon a decision of the Principal Secretary of Government of West Bengal, School Education Department Dated 28.02.2019 in the case of

Swapan Mistry Vs. State of West Bengal and others in support of his contentions. Further, he relies upon other decision of a Single Bench of this

Court dated 16.10.2012 that has followed the Division Bench decision.

This Court has considered the contentions of the petitioner and those advanced vehemently on behalf of the State.

This Court is of the clear view that the object in purpose of the (Control of Expenditure) Act, 2005 is to reduce additional burden on the State

particularly claims for higher scale of pay on account of acquiring higher qualifications. Section 14(3) of the 2005 Act in no uncertain terms indicates

that a person with Honours post and degree can indeed acquire higher qualification and claim higher scale of pay. However, a clarification has been

issued by the State under Section 14(3) Vide Memo No. 593-SE(B) dated 27th November, 2007 which is set out hereunder:

“No. : 593-SE(B)

--------------------------- Date : 27.11.2007

ES/O/B/1M-98/2007

ORDER

The School Education Department, Government of West Bengal considers it necessary to publish an order specifying the manner in which a teacher

appointed in Honours Graduate/Post Graduate scale of pay will be entitled to claim any additional increment and higher scale of pay upon acquiring

Post Graduate/or any Higher Diploma/Degree under Section 14(3) of the West Bengal Schools (Control of Expenditure) Act, 2005.

All the teachers teaching in different State Aided Schools will have to take prior permission from the Managing Committee/Adhoc

Committee/Administrator as the case may be to enroll themselves and to appear for any examination for enhancement of educational qualification.

The Managing Committee being ‘Competent Authority’ in such cases will take a decision in its next meeting and convey its decision to the

teacher concerned immediately. A copy of the decision of the Managing Committee will be forwarded to the office of the DI of Schools (SE) of the

concerned district.

The applicant-teacher thereafter, will, if necessary, apply for Leave/Special Leave/Study Leave as the case may be (along with the resolution of

Managing Committee) to the West Bengal Board of Secondary Education (which is the competent Authority in this case) through the Managing

Committee of the School.

The teacher is required to seek prior permission of concerned District Inspector of Schools (SE) (only when he/she wants to claim additional

increment/higher scale of pay etc. for obtaining such higher qualification) through the Managing Committee of the School.

Provided further that no such permission can be granted on any ground to any teacher who has entered the service/joined the school with Graduate

Degree and with a graduate scale of pay. [Any managing committee of any school recommending such case and/or any District Inspector of Schools

granting such prayer will be treated as an ‘Offender’ under West Bengal Schools (Control of Expenditure) Act, 2005].

The courses to be studied should be relevant to the subjects studied in Under Graduate Honours/Post Graduate Course of the Applicant Teacher

and none other. The Deemed University/University etc. conducting the examination must be affiliated to UGC.

Prayers from teachers who have already secured higher qualification observing the procedure mentioned above and who have submitted his/her

claim to concerned District Inspector of Schools with a complete set of papers like certificate, resolution of Managing Committee etc. before the

introduction of West Bengal Schools (Control of Expenditure) Act, 2005 may be considered only by the District Inspectors of Schools (SE) with the

approval of Director of School Education, West Bengal only after examining the staffing pattern, vacancy positions etc. of the school concerned.

No such prayer for higher scale of pay from any teacher with Graduate Degree and Graduate Scale of pay at the time of entry into service/joining

the schools will be entertained no matter whether he/she has secured this higher qualification before or after introduction of West Bengal Schools

(Control of Expenditure) Act, 2005.

Henceforth no permission will be accorded for securing higher qualification for obtaining higher scale of pay to any Assistant Teacher and/or to any

Assistant Teacher over 50 years of age serving in any Junior High School or any school respectively.

This order will replace all earlier orders published in this matter before the date of coming into effect of West Bengal Schools (Control of

Expenditure) Act, 2005. 1595-SE(S) dated 26.12.2005 also stands modified.â€​

Clause 3 of the aforesaid Memo clearly indicates that the prior permission of concerned D. I. of the Schools is necessary to entitle the petitioner

acquiring higher qualification and seek the consequential benefits under Section 14(3).

In the instant case, the Managing Committee of the School has taken such a decision and has forwarded the request of the petitioner for enhancement

of qualification which the D. I. of Schools has not formally granted. Such absence of communication must be deemed to be a refusal on the part of the

D. I. of Schools to accord permission to the petitioner. The decisions cited by the petitioner are on different facts and different circumstances that are

not applicable in the instant case.

Further the petitioner is also an optee under the ROPA 2009 which does not provide for higher pay scale in the case of enhanced qualification.

This Court is, therefore, of the view that the petitioner’s calm for higher pay scale pursuant to his post graduate degree in education cannot be

entertained by the State.

In those circumstances, the instant writ petition must fail and is dismissed.

No order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.