ASHOKE KUMAR DASADHIKARI, J. - (1.) The case of the petitioner is that the School Service Commission did not call him for participation in the selection process initiated for selection for the post of Headmaster in Tangra Colony High School. The reason for not allowing the petitioner to appear in the selection process is that the Masters' Degree from Sikkim Manipal University was unacceptable for the post. It was recorded that in view of Notification No. 742 dated 31st July, 2002 issued by the Special Secretary of the Education Department of the State of West Bengal except degrees obtained from the universities and institutions mentioned therein other degrees obtained from other universities and institutions are not relevant for ascertaining the eligibility of a candidate. The School Service Commission took the plea that Masters' Degree obtained by the petitioner cannot be considered as acceptable qualification for the post in question. On earlier occasion a writ petition was moved and this Hon'ble Court disposed of the writ petition by and under its order dated 5th April, 2006. In the order it was recorded that there is no dispute that in the Notification dated 31st July, 2002 the university from which the petitioner obtained Masters' Degree does not find a mention and the Court came to a conclusion that the Commission has wrongfully deprived the petitioner of the opportunity of participation in the selection process. While passing the order, this Hon'ble Court recorded that arguments made on the basis of the documents annexed to the writ petition that after prosecuting a regular course of approved duration the petitioner obtained the Masters' Degree and hence there can be no reason why such degree should not be treated as an acceptable Masters' Degree for making him eligible for the post of Headmaster and accordingly a direction was given to the concerned Secretary to examine the case of the writ petitioner. It was observed that it is for the State Government to clarify the situation or to issue further or other notification regarding the admissibility of the degree possessed by the petitioner.
(2.) The petitioner was granted liberty to make a detailed representation to the Secretary of the Education Department, Government of West Bengal and such representation was to be made within three weeks and the concerned Secretary after necessary enquiry and getting necessary clarifications and information from the School Service Commission and the other authorities and after examining all existing rules etc. and after giving opportunity of hearing to the petitioner shall pass a reasoned order or decision in the matter. Pursuant to such direction, the Principal Secretary, School Education Department, Government of West Bengal, considered the representation of the writ petitioner and the following order was passed: "In compliance with the solemn order dated 05.4.2006 of Hon'ble Mr. Justice Jayanta Kumar Biswas, an opportunity for hearing the representation was granted to the Writ Petitioner, Shri Biswajit Chakraborty, in WP No. 5002(W) of 2006 on 14/6/2006. During the hearing Shri G.K. Bhaduri, Secretary, West Bengal Regional School Service Commission (South Eastern Region) was also present. 2. Under School Education Department No. 1158-SE dated 9.9.2003 it has been laid down that recognition of Degree obtained through correspondence/Distant Education mode of courses conducted by UGC affiliated Universities in West Bengal having prior approval of the Higher Education Department are to receive automatic recognition in the matter of recruitment of Teaching and Non-teaching staff of schools in the State. In the instant case, applicant had obtained M.Sc.(IT) Degree from Sikkim Manipal University of Health and Technical Sciences, Sikkim. There is a communication dated March 23, 2006 on record that the said University is recognised by UGC under Section 2(b) of the UGC Act and the Certificate dated 30.8.2005 is for a Course completed through Distant Education and Non-Correspondence Course. In the instant case, the applicant has obtained the Degree through one of the Study Centres Code 2707 perhaps based at Barasat. The State Government in the School Education Department has problems of determining equivalence and comparability of such courses with traditional Post Graduate Degree Courses offered by recognised Universities through the traditional mode of physical mentioning in a class room lecture mode with regular Facalty. For the purpose of providing education service at the upper level, it is essential that the content, syllabus of the relevant course and its mode of transaction are taken into account and are comparable and consistent with the traditional courses. Secondly, the method of evaluation and actual delivery of service are also related to the quality and adequacy of such service. However, in view of the fact that such courses are being availed of in increasing numbers, and representations received, the Department may consider having a review of the clarifications issued vide communication dated 09.9.2003 taking into account of relevant parameters, the changes. However, several aspects and issues are to be considered and it may take some time. 3. In the instant case, it is also seen that the post for which the Writ Petitioner had applied for, has subsequently been filled up and as such there is no scope to consider his candidature at present. 4. Let all concerned including Shri Biswajit Chakraborty, the Writ Petitioner, West Bengal Central and Regional (SE) School Service Commission(s) be informed accordingly. Internally, an exercise may be initiated by the Secondary Brach of this Department for a formal and detailed review of the decision and clarifications conveyed in this Department's communication dated 9.9.2003 on the basis of consultations and inputs from all concerned and taking all relevant inputs in the matter. This will be to see if there is any scope, reason and occasion to consider the various courses offered through Distance Education/correspondence mode by various recognised Universities for their formal recognition and grant of equivalence. 5. All concerned be informed by endorsing a copy of this order."
(3.) After perusal of the order passed by the Principal Secretary dated 19th June, 2006, I find that the petitioner obtained such degree through one of the Study Centres Code 2707 perhaps based at Barasat. Therefore, it appears that the petitioner did get the degree after prosecuting a regular course of approved duration. However, it was recorded in the order that the post for which the writ petitioner had applied for has subsequently been filled up and there is no scope to consider the candidature of the writ petitioner on that occasion.;