BASUDEB BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Having acquired the Bachelor of Science degree from the University of Calcutta in the year 1983, the writ petitioner, namely, Basudeb Biswas (in short, Basudeb) participated in a selection process for appointment to the post of an Assistant Teacher in Science and Mathematics. He emerged to be successful in the said selection process and was appointed to the said post in Bagula Purba Para High School (in short, the said school) on 10/1/1986. Such appointment was approved by the respondent no.3 vide memo dtd. 31/3/1986. Upon obtaining necessary permission from the Managing Committee of the said school, Basudeb pursued the Master of Science (Mathematics) correspondence course conducted by the Himachal Pradesh University under distance mode and obtained the degree in the year 1999. On the strength of the Master degree in the relevant subject of teaching, Basudeb applied for higher scale of pay. Such prayer was, however, rejected by the respondent no.2 vide memo dtd. 17/1/2002. Challenging the said order Basudeb preferred the writ petition being WP No.7452 (W) of 2002.

(2.) The learned Single Judge by an order dtd. 16/7/2002 referred the matter to the Hon'ble Chief Justice so that the same may be placed before a Larger Bench for deciding as to 'whether the degrees obtained from Himachal Pradesh University through correspondence course is recognized or not ?' since, according to the learned Single Judge, the judgment delivered by the Hon'ble Division Bench in the case of Partha Basu 'vs' State of West Bengal, reported in 2001(3) CHN 721 [decided analogously with Utpal Man vs. Jyotirmoy Sen] is in conflict with the judgment delivered by the Hon'ble Division Bench in the case of West Bengal Central Service Commission and others 'vs' Gita Guha, reported in 2002 (2) CHN 531.

(3.) In view of the said order dtd. 16/7/2002, the matter has been placed before this Court for deciding as to 'whether the degrees obtained from Himachal Pradesh University through correspondence course is recognized or not ?'.