S/L 40 22.09.2026 Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 14895 of 2026 Asit Baran Samanta Vs. The State of West Bengal & Ors. Mr. Sourav Mitra … for the Petitioner. Mr. Atreya Chakraborty … for the State. 1. Affidavit of service filed in Court today be kept with the records. 2. The petitioner is aggrieved by the order dated May 20, 2026 passed by the District Inspector of Schools (SE), Paschim Medinipur rejecting his prayer for grant of higher scale of pay on the ground that the petitioner is imparting lesson of Geography in the normal section of the school based on his academic subject at the graduate level. 3. The impugned order of rejection also mentions that an Assistant Teacher of Classes IX and X is entitled to get the graduate scale of pay. 4. Para 3(4) of West Bengal (Control of Expenditure) (Amendment) Act, 2016 has been relied upon on the issue that no teacher appointed in higher secondary section shall be entitled to claim any additional increment or higher scale of pay for any qualification other than minimum qualification specified for such post. 5. The impugned order mentions that the petitioner was appointed for teaching in the commerce stream in the higher secondary section of the school. From the 2 academic session 2005-2006, the commerce stream in the higher secondary section has been discontinued owing to lack of students. The petitioner has been assigned to teach Geography in the normal section of the school. 6. The impugned order also records that the petitioner joined on October 12, 2007 with qualification B.Com (Honours) on the basis of the recommendation of the West Bengal Regional School Service Commission. He was granted prior permission for pursuing higher study through distance education mode by the DI of Schools, Purba Medinipur. 7. The petitioner obtained M.Com degree in the year 2013 and he joined the Chandra High School, Paschim Medinipur on November 18, 2020. 8. It appears that the petitioner initially joined a different school but was transferred to the present school in November 2020. The school where the petitioner is currently serving does not teach commerce in the higher secondary school due to lack of students. The petitioner has been compelled to teach Geography in Classes IX and X despite being appointed in the higher secondary section of the school. 9. Because of non-availability of students in the higher secondary section of the school, the authority ought not to disallow higher pay scale to the petitioner on account of enhancement of his educational 3 qualification after obtaining prior permission from the DI of Schools. 10. The provision of the West Bengal (Control of Expenditure) (Amendment) Act, 2016 cannot be made applicable in the facts and circumstances of the instant case. The petitioner is no way at fault. The DI ought to permit the petitioner to serve in any school where his higher qualification can be properly utilized. 11. In view of the discussions made hereinabove, the impugned order of rejection cannot be sustained in the eye of law. The same stands set aside. 12. The District Inspector of Schools (SE), Paschim Medinipur is directed to take steps to accord higher scale of pay to the petitioner in accordance with his educational qualification on and from the date of acquiring the higher qualification. 13. The writ petitions stands disposed of. 14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 15. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)