SWARUPA NATH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner seeks a direction on the school authorities for a No Objection Certificate in favour of the petitioner for pursuing a Ph.D. Course in the university where the petitioner has applied for such.

(2.) Learned counsel for the petitioner places two letters written by the petitioner to the Headmistress on 2nd March, 2019 and to the District Inspector of Schools on 20th May, 2019 where the petitioner has clearly stated the following:

(3.) The petitioner is presently serving the concerned school as an Assistant Teacher. The letter to the District Inspector makes it clear that the petitioner obtained a Master Degree from the University of Kalyani before she joined her present post and that she has applied for the Ph.D. course on 2nd March, 2019 as well as once earlier on 17th December, 2015 wherein on both occasions she had made it clear that she will not make any claims for financial or leave benefits. The letter to the DI records that the petitioner's application to the school did not receive any response. Counsel places a letter which shows that the Headmistress of the school had forwarded the petitioner's application to the District Inspector as well as to the Education Minister on 18th March, 2019 and 23rd March, 2019 respectively for necessary direction and that the Managing Committee of the school in its meeting held on 10th April, 2019 had unanimously decided to act as per the direction of the concerned authorities. Counsel also places the decision of the DI dated 16th April, 2019 which states that since the teacher has not claimed any financial benefit for the Ph.D. course, a no objection certificate is not required in the facts. Counsel reinforces the urgency of the matter by relying on a notice of the Visva Bharati University which shows that the petitioner has participated in the viva voce for eligible candidates held on 29th June, 2019 and on a time frame for the Ph.D. online course for Kalyani University which puts the publication of merit lists on 11th July, 2019 and the date of admission from 17th July, 2019 to 19th July, 2019. Counsel submits that unless the school issues a no objection certificate, the petitioner will not be eligible for the concerned course and places the rules and regulations of the Ph.D. programme for the concerned universities which states (Clause 8 of Selection Procedure) that selected candidates would have to produce no objection certificate from their employer during the time of admission.