STATE OF WEST BENGAL Vs. SOHIDULLAH

JUDGEMENT

(1.) ALL these three cases involve identical point of law with certain dissimilarities on facts : md. Sahidullah this writ petitioner was admittedly a post-graduate decree-holder in Zoology. He competed for the post of Assistant Teacher in Zoology in Pass category in the northern region. From the advertisement it appears that there were thirteen male vacancies in honours/post-graduate category whereas in pass category there were thirty-four male vacancies. Although he was post-graduate decree-holder, to have a better chance he competed for the pass category. He was accordingly selected. He obtained 47% marks in the examination whereas in the honours/post-graduate category the last ranked candidate got 58. 67% marks. From the said fact it is clear that had he applied for the honours/post-graduate category, he could not have been selected. . Smt. Nirupama Bairagi this writ petitioner was B. Sc. (Hons.) in Geography. She also competed for the post in pass category and she was selected as such. She subsequently obtained post-graduate degree, however, she was not allowed post-graduate scale as she was not selected in honours/post-graduate category to have the benefit of circular dated June 3, 2002. Shyam Sundar Mohanto this writ petitioner was a candidate under died-in-harness category. He was admittedly pass-graduate. He competed for the post in Pass category. He later on improved his qualification by obtaining post-graduate degree. He passed out M. A. Part I from Burdwan University (correspondence course) prior to his selection in the post. After joining he applied for permission to sit for M. A. Part ii examination. The school committee forwarded his application to the District inspector of Schools. The District Inspector of Schools by a letter dated June 13, 2003 appearing at page 48 of the paper book asked for clarification from the higher authority being Director of School Education. From the available records it does not appear that any such clarification at all came from the Director of school Education or communicated to Mohanto. Mohanto sat for the examination and successfully obtained post-graduate qualification. However, he was not given the benefit of higher scale on the ground that he was selected in pass category.

(2.) ALL three writ petitioners succeeded before the learned Single Judge and the learned Single Judge allowed the writ petitions on the ground that there should not have been any discrimination between the teachers obtaining higher qualification being appointed prior to the School Service Commission act coming into force and the teachers appointed through School Service commission.

(3.) BEING aggrieved by, and dissatisfied with, the judgment and order of the learned Single Judge, all the three appeals have been preferred by the State.