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Calcutta High CourtWPA/8519/2022allowed

Dipanwita Dutta v. State Of West Bengal And ORS.

2022-05-12Hon'Ble Justice Abhijit Gangopadhyay3 pages

12. 05. 2022 BP Sl. 3 Court No. 17 WPA 8519 of 2022 Dipanwita Dutta Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ..for the petitioner.

Mr. Swapan Kumar Dutta, Sr. Advocate Mr. Pradyot Kumar Das ..for the State.

Ms. Koyeli Bhattacharya ..for the Board.

This matter relates to giving a no objection by the school to the petitioner for continuation of her Ph.D degree through one University namely, Diamond Harbour Women's University. The petitioner's endeavour for getting no objection certificate is being sent by the pillar to the post so that pillar will give the objection and it should be sent through the pillar to the post. One student of Ph.D, who is a teacher of a school, has given one declaration to the Secretary (Headmistress) of her school namely, Azadgarh Balika Vidyalaya clearly stating that 'I further declare that I will never claim any additional pay scale for this degree while being in service of school. I will not hamper the school hours or the interest of my students and will never claim any study leave from your institution. I intend to complete the degree with leaves

that had been credited to my personal leave account." After seeing such a declaration whereby the petitioner has said that she would never claim any additional pay scale and will continue the course by hampering the school hours or the interest of the students and would never claim any study leave from the institution and she intends to complete the degree with leaves that had been credited to her personal leave account.

I do not think that the appropriate authority being the West Bengal Board of Secondary Education can dither over the subject as to from whom the application has come and whether it has been routed through the District Inspector of Schools or not. This court passes the order directing the Board to issue no objection to the petitioner by sending it to the school with copy to the DI and copy to the petitioner. The petitioner shall have the liberty to use the said no objection for any purpose in respect of her service and her Ph.D Degree.

With the above direction, this writ application is allowed.

(Abhijit Gangopadhyay, J. )