Bipra Kundu v. Union Of India And ORS.

10.06.2024.

Court No. 13 Item No. 16 ap W.P.A. No. 17620 of 2023 Bipra Kundu

Versus

The Union of India & Ors.

Mr. Biswarup Biswas, Mr. Pratap Sanfui.

...For the petitioner.

Mr. Suman Dey, Mr. Anujit Mukherjee.

...For the State.

Mr. Arindam Chattopadhyay, Mr. Soumik Dey.

...For the DPSC, Nadia.

Mr. Shiv Shankar Banerjee, ...For the respondent no.11.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury.

...For WBBPE.

Mr. Dhiraj Kumar Trivedi, Mr. Arijit Majumdar.

...For the UOI.

1. The petitioner underwent a Diploma in Elementary Education Course under National Institute of Open Schooling for the year 2017-2019. She has been getting 'A' category pay scale since 2019. She claims that she had earlier completed a six month Bridge Course recognized by NCTE in between 2014-2016. She joined as an Assistant Teacher under the District Primary School Council, Nadia in the year 2017.

2. This Court is of the clear view that the aforesaid Bridge Course is to come to the aid of those in-service teachers, who had an unrecognized training qualification.

3. The question of the petitioner being allowed any "A" category pay scale from 2017 on the basis of a Course completed in the year 2016, therefore, does not and cannot arise.

4. The respondents shall be at liberty to consider as to whether the petitioner's D.El.Ed. Course obtained from the National Institute of Open Schooling is at all recognized by the Board in view of the decision of the Supreme Court in the case of Jaiveer Singh & Ors. - Vs-State of Uttarakhand reported in 2023 SCC Online SC 1584.

5. With the aforesaid observations, the instant writ petition shall stand disposed of without any further order.

6. There will be no order as to costs.

7. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)