SAHIDULLAH MUNSHI,J. - (1.) This writ petition has been filed challenging a Memo dated 25th July, 2000, issued by the Director of School Education, West Bengal, being annexure P -7 to the writ petition whereby the Director of School Education, respondent no.2 declined to accord final approval of the appointment of the petitioner in absence of any specific Government Orders, according to which, the Post -Graduate degree of the petitioner could not be accepted for approval of appointment. By the order impugned being annexure P -7, the respondent no.2 held that the earlier Memo No.254 -SC/P dated 23rd February, 1999, issued from the same Directorate by which provisional approval was granted through inadvertence, stood withdrawn. Consequent to the aforesaid order passed on 25th July, 2000, the respondent no.3, Ramakrishna Mission Sarada Mandir, a Government sponsored Primary Teachers' Training Institute, communicated to the petitioner with a letter dated 7th August, 2000 under reference no.32/2000 and conveyed the decision of the governing body adopted in its meeting held on 5th August, 2000, whereby petitioner's unapproved service was treated as terminated with effect from 27th July, 2000. The present writ petition, challenging the said orders, was affirmed on 24th November, 2015.
(2.) In the writ petition the writ petitioner has stated that her name was sponsored by the Employment Exchange on 15th December, 1999 and she appeared before the Selection Committee constituted by the respondent no.3 being appointed in the post of Lecturer in permanent vacancy under the general category in the Institute (Unit No.I). By the letter dated 24th November, 1998 being annexure P -1 the respondent no.3 also requested the petitioner to produce various documents, list of which has been mentioned in the said letter. The said list does not include any certificate in Master's Degree in Mathematics from Himachal Pradesh University. On the date of interview on 15th December, 1998, the petitioner produced all her testimonials in support of her qualification and experience. It has been stated by the petitioner before the Selection Committee that she had done her Master's Degree in Mathematics from Himachal Pradesh University. The petitioner claims to have been appointed as Lecturer in the Primary Teachers' Training Institute (Unit No.I) in permanent vacancy in general category with the terms and conditions enumerated in the said letter of appointment. One of the terms mentioned in the said letter of appointment dated 23rd March, 1999, is that the appointment would be governed by the Rules, Regulations, Orders, etc. issued by the Government and Ramakrishna Mission, from time to time and that the petitioner would submit one complete set of photocopies of all her academic certificates/mark -sheets on the joining date. The petitioner joined the post of Lecturer on and from 16th April, 1999 and she was allowed to draw her monthly pay and allowance regularly and in support of such statement she has annexed a document being annexure P -4 which is an undated letter. After the petitioner joined her service, the respondent no.3 wrote to the Deputy Director of School Education requesting for approval of appointment of the petitioner mentioning her qualification of M.Sc. B.Ed. With the said letter praying for grant of approval, necessary documents were also forwarded. It was intimated that the petitioner stood second in order of merit in the approved panel but inasmuch as the first candidate declined to accept the appointment, it is the petitioner who was granted appointment. Thereafter, by a Memo dated 25th July, 2000 (impugned) the Director of School Education, West Bengal, conveyed his decision to the respondent no.3 that no final approval could be granted in favour of the petitioner in absence of any specific Government Orders by virtue of which the Post -Graduate Degree of the petitioner would be accepted for approval of appointment. When this writ petition was moved, an order was passed directing the State authority to affirm a report on affidavit. A detailed report has been affirmed by the respondent no.3 which says that provisional approval was granted through inadvertence, but since the final approval has not been granted by the Director of School Education, West Bengal, the governing body communicated a letter dated 7th August, 2000, to the petitioner informing her that her service was treated as terminated with effect from 27th July, 2000.
(3.) In support of the writ petition, the learned counsel Mr. Bhattacharyya submitted that in an identical matter a Single Bench of this Hon'ble Court passed an order on 27th May, 1996. He has annexed a copy of the said order being annexure P -8 to the writ petition. In the said decision a notification was issued wherein it was mentioned that degree obtained through correspondence course from Himachal Pradesh University would not be recognized for grant of higher scale of pay. Hon'ble Court quashed the said notification because the same was not passed at the concurrence of the Governor, rather, it was merely issued by an Assistant Secretary. Therefore, the said notification was quashed. Learned advocate has relied upon another Division Bench judgment in the case of West Bengal Central School Service Commission & Ors. - Vs. - Gita Guha (Dasgupta), reported in 2002(2) CHN 531. This judgment is also based on the issue whether one should get a higher scale of pay on the strength of an M.A. Degree obtained from Himachal Pradesh University through a correspondence course.;