Order: The writ petitioner's prayer is to direct the respondents to consider the petitioner's case for approval as an Assistant Teacher on the basis of his qualification of F. M. being equivalent to B. A. degree in view of the judgment dated 23rd September, 1988 passed in C.O. No. 10927 (W) of 1988 by the late Mr. Justice Mahitosh Majumdar as well as the order dated 23rd February, 1989 in C.O. No. 2050 of 1989 passed by the Hon'ble Mr. Justice Susanta Chatterji. The case of the petitioner, in short, is that he has been serving in the National Entrance Junior High School since 1977 as Head Maulavi teaching Arabic. This School was established in 1962 upto Class VII and from 1985 the School was granted permission to open Classes VII and VIII by the West Bengal Board of Secondary Education. It is also stated that in the School Register the petitioner's name appears as Maulavi and he is one of the Organising Teachers of the School. The recognition was given to the School on the basis that Arabic would be taught in the School. By Memo dated 13th February, 1085 the District Inspector of Schools (S. E.), Murshidabad, approved the appointments of five Organising Teachers as Assistant Teachers but such approval was not given to the petitioner. The petitioner made a representation before the District Inspector of Schools and the D.I.S. by Memo dated 5th September, 1984 (actually 6th September, 1984) referred the matter to the Director of School Education, West Bengal, as to whether approval of the appointment of a teacher having the qualification of F. M. can be accorded. By Memo dated 25th July, 1988 (actually 28th July, 1988) the Director of School Education intimated the D.I.S. that a candidate with only F. M. qualification was not eligible for appointment and as such the appointment could not be approved. It is stated that according to the Circular of the West Bengal Board of Secondary Education any teacher having F. M. qualification would be entitled to teach Arabic in Secondary Schools. Reference has been made to the two orders passed by the late Mr. Justice Mahitosh Majumdar and the Hon'ble Mr. Justice Susanta Chatterji and thereafter an order passed by the Hon'ble Mr. Justice Paritosh Kumar Mukherjee. Reference has been made to the two orders passed by the late Mr. Justice Mahitosh Majumdar and the Hon'ble Mr. Justice Susanta Chatterji and thereafter an order passed by the Hon'ble Mr. Justice Paritosh Kumar Mukherjee. It is further stated by the petitioner that as an Organising Teacher he should be accorded approval from the date of recognition of the School. The petitioner's attack is directed against the impugned order passed by the Director of School Education, West Bengal, as communicated to his learned Advocate by Memo dated 7th April, 1990 pursuant to the order passed by the Hon'ble Mr. Justice Paritosh Kumar Mukherjee on 14th February, 1990 in C.O. No. 13745 (W) of 1989. 2. Mr. Bhattacharyya, the learned Advocate appearing for the petitioner, in his submission drew the attention of the Court to the three Circulars issued by the Education Directorate. The Circular dated 18th February, 1981 was issued by the Director of Secondary Education, West Bengal, regarding appointment of under-qualified classical teachers in recognized Secondary Schools. It was submitted by the learned Advocate that all those persons appointed as Assistant Teachers upto 31st March, 1981 should be approved who were Teachers only with classical degrees like F. M. without graduation. According to the learned Advocate the Circular dated 1st December, 1980 from the Director regarding approval of appointment of Fazil F. M. passed Teachers in Junior High and High Madrasah with graduation in Arabic is insignificant because those having Fazil qualification should be approved with condition to acquire qualification like M. M. within three years. According to his submission the Circular of 12th February, 1968 from the Deputy Secretary to the Government of West Bengal, Education Department, Secondary Branch, to the Accountant General, relate to the revised scale of pay for Classical Teachers and Assistant Maulavi of the Calcutta Madrasah. The F.M. qualified teacher from Calcutta Madrasah under West Bengal Madrasah Education Board is entitled to be appointed as Assistant Maulavi in Government Secondary Schools. The learned Advocate submitted that the F.M. examination is equal to a degree and the approval of the appointment of the petitioner as an Assistant Teacher on the basis of his qualification in classical language cannot be denied. Mr. Bhattacharyya also cited three decisions in support of his contention, namely, A.I.R. 1982 S.C. 1064 (Wing Commander J. Kumar vs. Union of India and ors.); A.I.R. 1987 S.C. 1781 (feet Singh and ors. Mr. Bhattacharyya also cited three decisions in support of his contention, namely, A.I.R. 1982 S.C. 1064 (Wing Commander J. Kumar vs. Union of India and ors.); A.I.R. 1987 S.C. 1781 (feet Singh and ors. vs. M.C.D. and ors.); and A.I.R. 1987 S.C. 1858=1984 Lab. I.C. 1015 (Ex-Capt. K. C. Aurora and anr. vs. State of Haryana and ors.). 3. Mr. Patranabis, the learned Advocate appearing for the State, opposed the writ petition and submitted that the F.M. examination is not equivalent to Graduate degree and this is the reason why the petitioner was given four years' time to qualify himself properly for the post of Teacher in the Junior High School but even then he could not qualify himself and still remains F.M. and as such he could not take the benefit of a Graduate. As the point revolves round the fact whether F.M. examination is equivalent to the degree of Graduation and whether on that basis the petitioner could be allowed to be absorbed as an Assistant Teacher, Mr. Patranabis did not pray for any direction to file Affidavit-in-Opposition on behalf of the State. 4. It will be better to deal first with the three Circulars referred to hereinbefore which were placed by Mr. Bhattacharyya before the Court. The Circular dated 18th February, 1981 relating to under-qualified Classical Teacher stated that "it is observed that a good number of recognised High Schools have appointed classical teachers with classical degrees only after introduction of the re-organised pattern of Secondary Education. The services of such teachers cannot be utilised in full. But the Schools are pressing hard for approval of such under-qualified teachers on the plea that they were either ignorant of the Government Order or such under-qualified teachers have been under service from a time prior to recognition of the schools as a high school for the first time from 1.1.1974 or afterwards. In some specific cases where the schools are reported to have no qualified teachers to teach the classical subject as a 3rd language in Classes (VII) and (VIII) and as an optional additional language in Classes IX and X Government have been pleased to allow approval of appointment of such classical teachers as special cases in relaxation of the normal rules." The Circular directed all the High Schools under different District Inspectors of School’s (S.E.) to furnish particulars relating to such under-qualified teacher. The Circular of 1st December, 1980 is not a circular in term as used indicating the subject but is a Memo written by the Director of Secondary Education, West Bengal, to the Secretary, Education Department, high-lighting the difficulties relating to the appointment of F.M. passed Teacher in Junior High or High Madrasah. It also contained some suggestions and clarification of the Director of Secondary Education regarding the existing and approved Fazil passed Teachers of issuing special orders of approval on the condition that they would acquire higher qualification like M.M. or equivalent thereof within three years. The last Circular of 12th February, 1968 referred to by Mr. Bhattacharyya is a communication from the Deputy Secretary of the Education Department to the Accountant-General of West Bengal regarding the pay scale of classical teachers and Assistant Maulavis. In clause 2 of the said Circular the Madrasahs of wide reputation and renown have been listed and the Calcutta Madrasah under the West Bengal Madrasah Education Board tops the list. It is stated in the Circular that F. M. (Fakhrul Muhaddisin), M. M. (Mumtazul Muhaddisin) and M. M. or M. F. (Mumtazul Fuqaha) are the high-test degrees of the Calcutta Madrasah. It is also further clarified in the said Circular that the post of a Matriculation or equivalent Certificate is essential in case of an Assistant Maulavi of a Government Secondary Schools who possesses Bengal Final Madrasah or equivalent Certificate. The significant portion of the Circular of 12th February, 1968 in clause 4(b). It says that F. M. (Fakhrul Muhaddisin). M. M. (Mumtazul Muhaddisin) and M. F. (Mumtazul Fuqaha) of Calcutta Madrasah are considered as titles in Classical Subject and Arabic and Persian are treated as classical subjects in a Secondary Schools. 5. It may be clarified that F. M. (Fakhrul Muhaddisin) is now commonly known as "Fazil" and this Fazil degree of Calcutta Madrasah is equivalent to B. A. degree as recognized by the Aligarh Muslim University. M. M. (Mumtazul Muhaddisin) is equivalent to M. A. degree recognized by the Calcutta University as well as the M. F. (Mumtazul Fuqaha) which is also abbreviated as M. M. and is equivalent to M. A. degree. The Circular of 12th February, 1968 as I have stated hereinbefore treats the Calcutta Madrasah as a Madrasah of wide reputation and renown with first position in the list. The Circular of 12th February, 1968 as I have stated hereinbefore treats the Calcutta Madrasah as a Madrasah of wide reputation and renown with first position in the list. It may be noted that the Calcutta Madrasah is the oldest, largest and the most important Madrasah which was founded by Warren Hastings in 1781 and which through all these years retained its uniqueness as the principal centre of Islamic Scholarship. This observation appears from the Government of West Bengal's "Quinquennial Review on the Progress of Education in West Bengal" for the period of 1942-43 to 1946-47 and was compiled by Dr. Snehamoy Dutta and Dr. Subodh Chandra Sen Gupta. From the Circular dated 18th February, 1981 issued by the Education Directorate, Grant-in-Aid Section, Government of West Bengal, regarding the appointment of under-qualified classical teachers in recognized Secondary Schools it states that "In some specific cases where the schools are reported to have no qualified teacher to teach the classical subject as a 3rd language in classes (VII) and (VIII) and as an optional additional language in Classes IX and X Govt. have been pleased to allow approval of appointment of such classical teachers as special cases in relaxation of the normal rules." From the Circular of 1st December, 1980 issued by the Directorate of Secondary Education it appears that the Government was approached to consider the feasibility of issuing special orders for the approval of the appointment of Fazil passed teachers who are already in service subject to the condition that they would acquire higher qualification like M. M. or equivalent thereof within a period of three years and the earlier Circular of Education Department dated 12th February, 1968 says that the Certificate of the Calcutta Madrasah of Fakhrul Muhaddisin, now known as Fazil, is equivalent to Bengal Final Madrasah Certificate. 6. The Aligarh Muslim University is a Central Government University governed by the Aligarh Muslim University Act, 1920 as amended from time to time. 6. The Aligarh Muslim University is a Central Government University governed by the Aligarh Muslim University Act, 1920 as amended from time to time. One of the functions of the University under Section 5(2) of the Act is "to promote oriental and Islamic studies and give instruction in Muslim theology and religion and to impart moral and physical training." Section 6 of the said Act regarding recognition of degrees reads as follows: "The degrees, diplomas and other academic distinctions granted or conferred to or on persons by the University shall be recognized by (the Central and State Government) as are the corresponding degrees, diplomas and other academic distinctions granted by any other University incorporated under an enactment." 7. The Aligarh Muslim University already accepted Fazil degree of Calcutta Madrasah equivalent to B. A. degree of the said University subject to the condition that one will have to pass English only Examination of Class XII standard. If any recognised University and that too a Central University of the status of the Aligarh Muslim University recognises Fazil degree as equivalent to B. A. degree then there is no question why the Government of West Bengal and its Education Department shall not accept the Fazil degree of Calcutta Madrasah equivalent to B. A. degree. It has no right to deny to approve the petitioner as an Assistant Teacher on the basis of F. M. (Fazil) qualification. I shall go a step further and say that all the Madrasahs as referred to in clause 2 of the Circular dated 12th February, 1963 should be given the same status by the Government of West Bengal with regard to the Fazil qualification as the Calcutta Madrasah under the West Bengal Madrasah Education Board. I substantially agree with the order of the late Mr. Justice Mahitosh Majumdar in C.O. No. 10927 (W) of 1988 passed on 23rd September, 1988 that F.M. qualification has been recognized as equivalent to B.A. degree of the University. But with due respect to my late esteemed brother I must say that the F.M. qualification has not been recognised equivalent to B. A. degree without a pinch of salt. Justice Mahitosh Majumdar in C.O. No. 10927 (W) of 1988 passed on 23rd September, 1988 that F.M. qualification has been recognized as equivalent to B.A. degree of the University. But with due respect to my late esteemed brother I must say that the F.M. qualification has not been recognised equivalent to B. A. degree without a pinch of salt. The Director of School Education, West Bengal, by Memo dated 28th July, 1988 has no right to say that under the existing Rules a candidate with F.M. qualification cannot be considered for approval as an Assistant Teacher because he is not properly qualified for the post of a Secondary School. Though the Director of School Education by Memo dated 7th April, 1990 allowed the petitioner temporary approval for four years and extended the same for two years on year-to-year basis up to four years in favour of the petitioner to acquire the required qualification for a Secondary School, but I am strongly of the opinion that in view of the recognition of the Fazil degree equivalent to B. A. degree by the Aligarh Muslim University with condition the Education Department of the Government of West Bengal cannot take a negative attitude. For a classical teacher it is not necessary to further qualify himself to acquire the post on permanent basis except English knowledge and any Rule standing on the way must be ignored. I do not think that the cases referred to by the learned Advocate of the petitioner are required to be discussed. 8. In that view of the matter I quash the Memo dated 7th April, 1990 passed by the Director of School Education, West Bengal. I direct that the respondents including the District Inspector of Schools (S. E.), Murshidabad, and the Director of School Education, West Bengal, shall take immediate steps to approve the appointment of the petitioner as Assistant Teacher of National Entrance Junior High School on the basis of the qualification of F. M. (Fazil) which is equivalent to B. A. degree and such approval must be made within 45 days from the date of communication of this order to the respondents subject to the condition that the petitioner shall pass English only Examination of Class XII standard within five years or earlier otherwise the approval will automatically lapse. I further direct that the salary of the petitioner should be fixed in accordance with law with effect from 1st April, 1992 after he gets himself qualified in accordance with this order. 9. The President of the West Bengal Board of Secondary Education and the President of the West Bengal Council of Higher Secondary Education, though not parties to the writ petition, are directed to allow the petitioner to sit in the Examination of English only under the facts and circumstances as special case on the strength of this order. 10. The writ application is accordingly allowed with directions. There will be no order as to costs. 11. Let xerox copy of the Judgment be made available to the parties on usual undertaking and upon compliance of necessary formalities. Application allowed with directions.