Md. Iquebal Ahamed Shah vs The State Of West Bengal & Ors
2023 Latest Caselaw 4857 Cal

161     08.8.2023                     MAT 796 of 2019
Ct-08
                                    Md. Iquebal Ahamed Shah
                                                Vs.
                                  The State of West Bengal & Ors.
ar

                       Mr. Ekramul Bari
                       Mr. K.N. Nabi
                                             ... For the Appellant

                       Mr. Supriyo Chattopadhyay
                       Mrs. Iti Datta
                       Mrs. Tapati Samanta
                                    ...For the State


                      1.    We    have    heard     the   learned    counsel

                    appearing for the parties.

                       2. It is clear that the order of the District

                    Inspector of Schools (S.E), South 24 Parganas was

                    contrary to the law laid down in Md. Adeel Uz

                    Zaman Vs. State of West Bengal & Ors,

                    reported in 2021 SCC Online Cal 293 in which

                    it has been clearly stated that a candidate, who

                    was pursuing his/her higher studies at the time

                    of his/her appointment, is not required to seek

                    prior permission for completion of his/her course.

                    We have discussed in details in paragraphs 5 and

                    8 of the said judgment Md. Adeel Uz Zaman

                    (supra).

                       3.   Ms.    Tapati    Samanta,      learned   counsel

                    appearing for the State, submits that the decision

                    of the managing committee with regard to grant of

                    prior permission of the appellant was not
                     2




forwarded to the D.I. However, a candidate

pursuing higher studies at the time of his

appointment         requiring   prior   permission      is

considered in Md. Adeel Uz Zaman (supra). The

said judgment is accepted by the State.

   4. In view thereof, the order passed by the

District Inspector of Schools (S.E), South 24

Parganas and the judgment of the learned Single

Judge are set aside.

   5. Consequent upon setting aside the order of

the D.I, the District Inspector of Schools (S.E),

South 24 Parganas, being the respondent no. 3,

shall revise the pay scale of the appellant from the

date following the last day of post graduate

examination within six weeks from date.

6. On such consideration, the appeal

succeeds.

7. The appeal being MAT 796 of 2019 is

accordingly disposed of.

8. Urgent Photostat certified copy of this order,

if applied for, be given to the parties on usual

undertaking.

(Uday Kumar, J.) (Soumen Sen, J.)