29th Sept., 2026 Item no.D/L 33 Court No. 24 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 13043 of 2026 In the matter of: Rinku Murmu …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Sakti Pada Jana Mr. Subhajyoti Das ….Advocates For the State: Mr. Indrajit Roy Ms. Mary Datta ….Advocates 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner’s prayer for grant of higher scale of pay stood rejected by the District Inspector of Schools, Secondary Education, Uttar Dinajpur by passing a reasoned order dated 19th June, 2025 which is impugned in the instant writ petition. 3. Her prayer for grant of higher scale of pay has been rejected relying upon G.O. No. 593 SE (B) dated 27th November, 2007 which requires the teachers teaching in different State aided schools to obtain prior permission from the managing committee to appear in any examination for enhancement of educational qualification. 4. Specific submission of the petitioner is that she enrolled herself for pursuing MA Degree in the subject English from the Netaji Subhas Open University in the year 2009. The petitioner joined service in the year 2010. She completed the MA Part-II Examination on 27th October, 2011. Page 2 5. It has been submitted that as the petitioner already enrolled herself in the master degree course prior to her joining the school, accordingly, she could not have obtained prior permission for enhancing her educational qualification. Under such circumstances, G.O. No. 593 SE (B) dated 27th November, 2007 will not be applicable. 6. In support of such submission, reliance has been placed on the judgment dated 11th February, 2021 passed by the Hon’ble Division Bench of this Court in MAT 825 of 2020 in the matter of Md. Adeel Uz Zaman Vs. The State of West Bengal & Ors. wherein the Hon’ble Division Bench held that the very fact that the teacher enrolled himself prior to his appointment and already participated in the examination and successfully completed the Part-I, he is not required to obtain any prior permission to enroll himself for the purpose of appearing in the future examination for enhancement of his educational qualification as contemplated in Clause 3 of the G.O. dated 27th November, 2007. 7. The Hon’ble Division Bench was pleased to set aside the impugned rejection of the authority with a direction upon the District Inspector of Schools to reconsider the prayer of higher scale of pay afresh and not reject the prayer on the ground of lack of prior permission. 8. In the instant case, it appears that the prayer of the petitioner for grant of higher scale of pay stood rejected solely relying upon the G.O. No. 593 SE (B) dated 27th November, 2007. 9. As the issue in question has been decided by the Hon’ble Division Bench in Md. Adeel Uz Zaman (supra), accordingly, the impugned order cannot be held to be sustainable in the eye of law. The same stands set aside. 10. A coordinate Bench of this Court vide order dated 18th February, 2025 in WPA 2226 of 2025 filed by the petitioner directed the Page 3 District Inspector of Schools to consider the prayer of the petitioner in light of the judgment delivered by the Hon’ble Division Bench in the matter of Md. Adeel Uz Zaman (supra). The District Inspector of Schools failed to appreciate the order in its true perspective. 11. Accordingly, the District Inspector of Schools is directed to accord higher scale of pay to the petitioner on and from the next date of completion of her MA Part-II Examination. 12. Steps shall be taken to accord the higher scale of pay at the earliest but positively within a period of eight weeks from the date of communication of this order. 13. The writ petition 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.)