JUDGMENT : - Bhaskar Bhattacharya, J.: By this writ application, the writ petitioner has prayed for setting aside the order dated July 23, 2001 passed by the Chair man of the West Bengal Regional School Service Commission, Western Region, Bankura and has further prayed for direction upon the Commission to appoint the petitioner as Headmaster in a High School of Western Region on the basis of his preference or choice without any delay. 2. The following facts are not in dispute: The petitioner applied for the post of Headmaster of a High School pursuant to an advertisement given by the West Bengal School Commission. After preliminary scrutiny of the qualification, admit card was issued in favour of the petitioner for examination and personality test. The petitioner was successful in such examination and he was directed to appear with all original documents for interview. Ultimately, the Secretary of the Commission issued a letter of allotment for the post of Headmaster in favour of the petitioner at Rishi Nibaran Chandra Vidyapith, Post Office-Bundwan, District - Purulia against a regular vacancy and directed the school authority to confirm and issue the letter of appointment in favour of the petitioner. However, on December 7, 1999, the Secretary of the Commission issued a letter thereby withdrawing the previous allotment of the petitioner without any reason. The petitioner filed a writ application before this Court which was disposed of by P. K. Samanta, J by directing the respondent No.2 to consider the representation of the petitioner and further restraining the respondent to fill up the post of Headmaster of the School in question. Ultimately, the petitioner moved another writ application which was disposed of by D.P. Kundu, J by directing the Commission to consider the whole matter within ten weeks. Pursuant to such direction passed by D.P. Kundu, J the Chairman of the Commission by the order impugned herein has disposed of the matter by holding that the petitioner had no requisite qualification for the post of Headmaster on the ground that B.T. Diploma through part time evening course cannot be treated to be equivalent to B. Ed. Degree for the purpose of appointment to the post of Headmaster in a Secondary School. 3. Being dissatisfied, the petitioner has come up with the instant writ application. 4. Mr. Degree for the purpose of appointment to the post of Headmaster in a Secondary School. 3. Being dissatisfied, the petitioner has come up with the instant writ application. 4. Mr. Chatterjee, the learned counsel appearing on behalf of the petitioner has drawn attention of this Court to the fact that in the instant case the petitioner has obtained a degree of B. Ed. from Burdwan University at the annual examination held in 1974 and as such the observation of the Chairman of the Commission that he obtained Teachers' Training Diploma is not sustainable. Such certificate given by University of Burdwan is Annexure "P-6". 5. On April 17, 2002 when the matter appeared before this Court, Mr. Roy appearing on behalf of the School Service Commission submitted that the certificate annexed at page 30 of the writ application being Annexure "P-6" was not produced before the Commission and as such the same was not taken note of in the order impugned. It was asserted that a teachers' training diploma certificate was produced by the petitioner. 6. In view of the aforesaid contention, I permitted the Commission to file a supplementary affidavit stating the aforesaid fact. The Commission was directed to annex xerox copies of all Annexures filed by the petitioner before the Commission. Inspite of such direction, no such affidavit was filed on the other hand, the present petitioner filed supplementary affidavit annexing all the documents produced by the petitioner including Annexure "P-6". Subsequently, when the matter appeared for further hearing on August 6, 2002, the learned advocate appearing on behalf of the Commission did not dispute the aforesaid fact but restricted his submission to a plea that a degree obtained in a part time evening course cannot be recognized as a qualification for the post of Headmaster in view of G.O. No. 577-Edn(S) /60-18/87 dated May 20,2001. 7. It appears from the aforesaid notification issued by Deputy Secretary, Education Department, Secondary Branch that the Teachers' Training Diploma awarded by Board for part time evening teachers' training course constituted in terms of G.O. No. 869-Edn(S)/St 3/72/73 dated June 11, 1974 cannot be treated as equivalent to B.T./B. Ed. degree for the purpose of appointment of Assistant Headmaster/Assistant Headmistress or Headmaster/Headmistress in a Secondary School. 8. Mr. degree for the purpose of appointment of Assistant Headmaster/Assistant Headmistress or Headmaster/Headmistress in a Secondary School. 8. Mr. Chatterjee in this connection has relied upon subsequent Rules published in Calcutta Gazette Extraordinary dated January 15, 1998 by Notification No. 145-Edn(S) dated January 8, 1998 by which in exercise of power conferred under sub-section (1) of section 8 read with sub-section (1) in particular clause (d) of sub-section (2) of section 17 of the West Bengal School Service Commission Act, 1997 and sub-rule (1) of Rule 7 of West Bengal School Service Commission Rules, 1997, the Governor was pleased to make the following qualification for the post of Headmaster: "Master/Honours (Regular) Degree With degree in Bachelor of Teaching/ Bachelor of Education/Post Graduate Basic Training from any recognized University or any training recognized by the Government of West Bengal as equivalent to Bachelor of Teaching/Bachelor of Education/Post Graduate Basic Training; 10 years continuous teaching experience in approved service in a Higher Secondary /High School/High Madrasha recognized by the West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education/West Bengal Board of Madrasha Education on the date of advertisement ." 9. There is no dispute that the petitioner has the requisite qualification as mentioned above. It is however admitted by Mr. Chatterjee appearing on behalf of the petitioner that the degree obtained by the petitioner in respect of Bachelor of Education from Burdwan University was based on part time evening course. Mr. Chatterjee however contends that the aforesaid degree conforms to the qualification prescribed under the aforesaid Rules and merely because such degree was obtained on the basis of part time course, such fact cannot disqualify the petitioner. 10. After hearing the learned counsel for the parties and after going through the materials on record I find that in the prescribed qualification of Headmaster, there is no restriction that degree of Bachelor of Training or Bachelor of Education must be obtained on the basis of regular course. What is necessary is that such degree is given by a recognized University. In this connection, it I may be mentioned here that the qualification prescribed for Headmaster specifically mentions that Honours degree must be on the basis of regular course but no such restriction has been imposed in case of degree in Bachelor of Teaching or Bachelor in Education. What is necessary is that such degree is given by a recognized University. In this connection, it I may be mentioned here that the qualification prescribed for Headmaster specifically mentions that Honours degree must be on the basis of regular course but no such restriction has been imposed in case of degree in Bachelor of Teaching or Bachelor in Education. Therefore, it is apparent that the petitioner had the requisite qualification of the Headmaster as per the aforesaid Rules which has come into force subsequently after the passing of previous notification as mentioned earlier. 11. The Commissioner therefore acted illegally in disqualifying the petitioner as if he had only a Diploma in Education on the basis of part time course. The petitioner having obtained a degree in Bachelor of Education from a recognized University even if such degree is conferred on the basis of a part time course of the University, the same cannot be treated as equivalent to any diploma. 12. I thus set aside the order impugned and hold that there was no justification of withdrawing the earlier order of appointment in favour of the petitioner. I therefore direct the Commission to immediately appoint the petitioner as Headmaster in a High School of Western Region on the basis of his preference or choice within a month from the date of passing of this order, if there is any vacant post, otherwise, in the next available vacancy. 13. In the facts and circumstances, there will be however no order as to costs. Impugned order set aside with direction.