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Calcutta High CourtWPA/13023/2025disposed

Khokan Das v. The State Of West Bengal And ORS.

2025-07-01Hon'Ble Justice Saugata Bhattacharyya3 pages

01.07.2025 Court No. 18 Item No. 51 (Suvendu) WPA 13023 of 2025 Khokan Das -Versus- The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal .....for the petitioner Mr. Gourav Das Mr. Krishna Deo Das ......for the State Mr. Sarwar Jahan Sk. Nayeemul Hoque ....for the DPSC, Murshidabad 1) Affidavit of service filed on behalf of the petitioner is taken on record.

2) Petitioner is working as primary Teacher on being appointed in consideration of his participation in selection process.

Petitioner was appointed as primary teacher in 2017 and at the time of participation in the selection process petitioner was having B.Ed qualification. Since B.Ed was not an approved training qualification petitioner completed six months' bridge course and certificate was given to the petitioner on 11th June, 2019. After completing bridge course petitioner was granted 'A' category scale of pay.

3) By presenting this writ petition, petitioner has prayed for direction upon respondent authorities to grant 'A' category scale of pay from date of appointment when he was having B.Ed qualification.

4) It is submitted that a representation has been made before the Commissioner of School Education, West Bengal on 15th May, 2025 praying for grant of 'A' category scale of pay from the date of appointment of the petitioner.

5) Prayer made on behalf of the petitioner is opposed by learned advocates representing respondents. It is submitted that petitioner appeared in the selection process of 2016 as untrained candidate and B.Ed qualification which petitioner was possessing at the time of his appointment was not approved training qualification as per NCTE norms. It is also contended that subsequent completion of six months' bridge course made the petitioner eligible to be treated as trained candidate.

6) Having considered respective submissions made on behalf of the parties, this Court finds it apt to direct the Commissioner of School Education, West Bengal being respondent no. 2 to take decision on the representation of the petitioner dated 15th May, 2025 within a period

of twelve weeks from date of communication of this order.

Before taking decision an opportunity of hearing shall be granted to the petitioner or his representative and a reasoned decision shall be passed. Decision to be taken by respondent no. 2 shall be communicated to the petitioner by fortnight thereafter.

7) Writ petition stands disposed of.

8) Learned advocate for the petitioner is directed to communicate this order enclosing a copy of representation dated 15th May, 2025 to respondent no.2 by seven days from date.

9) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)