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2026 DAILYLAW 29134 (CAL)

HAFIJUL ISLAM v. THE STATE OF WEST BENGAL AND ORS

WPA/982/2026 · 2026-07-21

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 65 21/07/2026 Ct. No.-10 Aritra In the High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side WPA 982 of 2026 Hafijul Islam Vs. The Election Commission of India & Ors. Mr. Bikash Singha ….for the petitioner Ms. Supriya Singh Ms. Rajni Singh Dev ….for the State Affidavit of service filed in Court today is taken on record. The petitioner is presently serving as an Assistant Teacher in a high school in the District of Jalpaiguri. The petitioner states that he has undergone Ph.D. course after obtaining prior permission from the Managing Committee of the school. The petitioner states that upon successfully completion of the said course the petitioner was awarded Ph.D. Degree in Bengali in the Convocation Ceremony of the University by the Hon’ble Governor of the State of West Bengal on May 5, 2009. The petitioner states that upon being awarded the Ph.D. Degree, the petitioner is entitled to two special increments as per the extant rules. The petitioner submitted a representation dated May 26, 2026 before various authorities including the District Inspector of Schools, Secondary Education, 2 Jalpaiguri and the Commissioner of School Education Department, West Bengal. The learned advocate appearing for the petitioner submits that in spite of receipt of such representation no decision on such representation has been communicated to the petitioner till date. Ms. Singh, learned Junior Government Pleader submits that pursuant to a departmental memo the District Inspector of Schools has referred the matter to the Commissioner of School Education. She submits that presently the issue is pending consideration before the Commissioner of School Education. In the light of the submissions made by the learned advocates for the respective parties, WPA 982 of 2026 stands disposed of by directing the Commissioner of School Education, being the respondent no.2 to consider the representation of the petitioner dated May 26, 2026 and dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioner or his authorised representatives and communicate the reasoned order to the petitioner immediately thereafter. The entire exercise shall be completed by the respondent no.2 as expeditiously as possible but positively within a period of 4 weeks from receipt of a server copy of this order together with a copy of the representation dated May 26, 2026. 3 It is however, made clear that this Court has not entered into the merits of the claim made by the petitioner in the said representation and all points are left open to be decided by the Commissioner of School. It will be open to the petitioner to place reliance upon any Government orders, circulars, orders of the Court in support of his contention and if such document and orders are placed at the hearing, the respondent no.2 shall consider the same and pass order accordingly. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)