- (1.) This Mandamus Appeal is directed against the judgment and/or order dated 28th August, 2012 passed by a Learned Single Judge of this Court in W.P. 10027(W) of 2012. By the said order, the petitioner's prayer for higher scale of pay for her post-graduate degree which she acquired through a Distance Course of Education after joining her service in the school viz., Jharia Ramkrishna Vidyapith, Hooghly, was rejected by the Learned Single Judge of this Court on two-fold grounds which are as follows:-- (i) Higher scale of pay cannot be given to the writ petitioner as she did not disclose before the West Bengal Regional School Service Commission (Eastern Region) Burdwan that she was prosecuting her post-graduate course. (ii) The writ petitioner did not appear in the post-graduate examination after obtaining sanction from the authority and no permission for study leave was granted to her by the Board. The legality and/or propriety of the said order of the Learned Single Judge of this Court is under challenge in this appeal before us at the instance of the writ petitioner/appellant.
(2.) Let us now consider as to how far the Learned Single Judge was justified in passing the impugned order in the facts of the instant case.
(3.) Here is the case where the writ petitioner was an Honours Graduate in English. She submitted her application before the competent authority on 17th August, 2001 seeking permission to appear in the selection test to be conducted by the West Bengal Regional School Service Commission (Eastern Region), Burdwan. She appeared in the selection test and ultimately came out successfully, but before she was recommended for her appointment in Jharia Ramkrishna Vidyapith, Hooghly in 2003, she got herself admitted in Master Degree course through correspondence mode of education conducted by Burdwan University in 2001 and passed Part-I examination in 2002. She was recommended by the School Service Commission for her appointment in the said school on 17th May, 2003.;