19.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.28 CIRCUIT BENCH AT JALPAIGURI Court No.11. S. De 1634 MAT 79 of 2025 I Sagar Rai. Vs The State of West Bengal & Ors. Mr. Ekramul Bari, Sk. Imtiaj Uddin, Ms. Rinka Chakraborty, …for the appellant. Mr. Jagriti Mishra, Ld. AAAG, Ms. Mrinmayee Das, …for the State. Order dictated by Arijit Banerjee, J. 1. This appeal is directed against a judgment and order dated August 12, 2025, passed by a learned Judge of this Court, whereby the appellant’s writ petition being WPA 1656 of 2025 was dismissed. 2. The appellant acquired Master’s degree in Nepali language in the year 2005. Vide Memo dated March 14, 2017, the West Bengal Central School Service Commission recommended the appellant’s name for being appointed as teacher in Work Education group, in OBC category, in Teesta Valley High School, Teesta Valley Tea Garden, P.O. Rangli, Dist. Darjeeling. The school is a Higher Secondary school. The recommending Memo noted that the appellant had a Master’s degree. 3. By a Memo dated April 5, 2017, the District Inspector of Schools (SE) GTA, Darjeeling, approved the appointment of the appellant in the said school in Work Education group, “as per recommendation of the 2 Central School Service Commission and subject to sanction of posts from the Department”. 4. By a Memo dated January 2, 2020, the said D.I. of Schools accorded permission for shifting of the appellant from Work Education group to Language group (Nepali) against a normal vacant post created due retirement of an approved teacher-in-charge with effect from September 30, 2019. 5. After being shifted to the language department, on the strength of his Master’s degree in Nepali language, the appellant claimed post graduate scale of pay. His request was forwarded by the head of the institution to the aforesaid D.I. of Schools vide Memo dated June 26, 2020. 6. Vide Memo dated October 1, 2020, addressed to the Deputy Director of School Education, West Bengal, the said D.I. of Schools sought the advice of the Deputy Director as to whether or not the appellant is eligible to draw higher scale of pay as claimed by him. 7. By a Memo dated January 8, 2021, the Deputy Director of School Education informed the said D.I. of Schools that the D.I. “is competent to decide the scale of pay as asked for. He is instructed to decide the matter in terms of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005 as amended”. 3 8. Since there was a stalemate as regards the appellant’s claim for post graduate scale of pay, the appellant approached the learned Single Judge by filing the present writ petition. The learned Judge, by relying on the decision of a full Bench of this Court in the case of Utpal Kanti Karan Vs. State of West Bengal & Ors. reported at 2023 SCC OnLine Cal 5745, dismissed the writ petition. Hence, this appeal. 9. Mr. Bari, learned senior counsel representing the appellant says that the aforesaid full Bench decision has no manner of application to the facts of this case. The appellant did not suppress or conceal his Master’s degree at the time of his appointment as work education teacher. This is not a case of improvement of educational qualification after joining service. Hence, the learned Judge erred in dismissing the writ petition relying on the decision in the case of Uptal Kanti Karan (Supra). 10. We have not called upon Mr. Mishra, learned AAAG to advance argument. This is because we are of the view that the concerned D.I. of Schools should take a decision at the first instance, with regard to appellant’s claim for post graduate scale of pay. 11. In our opinion, the learned Single Judge should have relegated the appellant/writ petitioner to the concerned D.I. of Schools. 4 12. Accordingly, we set aside the order of the learned Single Judge. The appellant will be at liberty to make a comprehensive representation with all supporting documents, relevant statutory provisions and case law if any, to the D.I. of Schools (S.E.), Darjeeling, within a fortnight from date, in support of his claim for post-graduate scale of pay. If such representation is made within the time period indicated herein, the said D.I. of Schools shall dispose of the same by a reasoned order, in accordance with law without being influenced by any observation in the judgment and order of the learned single Judge dated August 12, 2025, or in this order or in any communication issued by the Deputy Director of School Education (Grant-in-Aid), West Bengal to him. All questions are left open for the said D.I. to decide. 13. While learned AAAG representing the respondents says that the West Bengal Schools (Control of Expenditure) Act, 2005, will apply to the case of the appellant, Mr. Bari, learned senior counsel for the appellant says that the said Act will not apply. This point will be decided by the said D.I. of Schools without being influenced by any observation made anywhere. All points are left open for the D.I. of Schools to decide. 14. The decision will be taken by the D.I. of Schools within six weeks from the date of receipt of the 5 representation from the appellant after affording an opportunity of hearing to the appellant or his authorized representative. 15. The order passed by the D.I. of Schools will be communicated to the appellant within a week from the date of the order. 16. In the event the D.I. of Schools passes an order in favour of the appellant, all consequential directions may be issued so that the appellant receives post graduate scale of pay. 17. MAT 79 of 2025 is disposed of accordingly. (Chaitali Chatterjee (Das), J.) (Arijit Banerjee, J.)