- (1.) THE writ petitioner was appointed as an Assistant Teacher in Mashaldaha Ganapatrai High School (H.S.), in the District of Malda, in Science and Mathematics group. At the time of his appointment, his educational qualification was B.Sc.(Hons.) in Physics. Subsequently, he enhanced his qualification by acquiring Master Degree in Mathematics from B.N. Mandal University. The school authority recommended for grant of higher scale of pay to him for his enhanced qualification. Such recommendation was not accepted by the concerned District Inspector of Schools, who by his order dated 3rd November, 2003 rejected the petitioner's prayer for grant of Post -Graduate scale of pay. The petitioner, thus, felt aggrieved. He filed a writ petition challenging the legality of the order of the concerned District Inspector of schools dated 3rd November, 2003. The learned Trial Judge rejected the petitioner's said representation on 6th December, 2012 on the ground of delay as the writ petitioner approached the Court with the said writ petition after a lapse of nine years.
(2.) THE legality and/or propriety of the said order of the Learned Single Judge of this Court passed on 6th December, 2012 in W.P.No. 18886(W) of 2012 is under challenge before us in this mandamus appeal.
(3.) THOUGH , we find that there was some delay on the part of the writ petitioner in approaching the Writ Court for the relief he sought for therein, but on consideration of the writ petition itself and the averment made therein, we find that the reason for the delay was sufficiently explained by the petitioner therein. In fact, on the basis of a representation submitted by the writ petitioner, hearing was given to the writ petitioner by the concerned District Inspector of Schools on 25th June, 2012 and ultimately the petitioner's prayer for grant of higher scale of pay for his Master Degree qualification was rejected by the concerned District Inspector of Schools in 2012. Immediately thereafter, the said writ petition was filed in 2012. As such, we do not find any such delay for which the writ petition could have been dismissed. However, we find that the genuineness of the Master Degree certificate of the writ petitioner was doubted by the concerned District Inspector of Schools (S.E.) and as such, he referred the petitioner's Master Degree certificate to the Controller of the B.N. Mandal University for verifying the genuineness of the said certificate. The Controller of B.N. Mandal University by his letter dated 23rd August, 2003 confirmed the genuineness of the petitioner's Master Degree certificate, but it was also mentioned therein that Cabinet Vigilance, Patna, Bihar, is in the process of scrutinizing the Post -Graduate degrees given by the said University during the period from 1987 - 1996.;