INDIRA BANERJEE, J. ( 1 ) THE judgment of the Court was as follows : the short question involved in this writ application is whether an assistant Teacher of a school possessing the post graduate degree in a relevant teaching subject, at the time of his appointment, can be denied the post graduate scale of pay on the sole ground that the post graduate degree had not been mentioned by the School Service Commission in its recommendation. ( 2 ) THE facts giving rise to this writ application are briefly as follows : the petitioner was selected by the West Bengal Regional School Service commission, Eastern Region for the post of Assistant Teacher of Physical education and was recommended for appointment as Assistant Teacher of kota Chandipur High School, Burdwan, hereinafter referred to as the School. ( 3 ) THE petitioner was appointed Assistant Teacher of the School in the Physical Education group with effect from 26th June, 1999. ( 4 ) AT the material time when the petitioner applied to the School Service commission for appointment, the petitioner had a post graduate degree in physical Education. The qualification of the petitioner of post graduate degree in Physical Education was mentioned in the application submitted to the school Service Commission. ( 5 ) THE appointment of the petitioner to the school was duly approved by the concerned District Inspector of Schools with effect from 26th June, 1999. ( 6 ) THE petitioner was, however, granted the B. A. B. P. Ed, scale of pay. The post graduate degree of the petitioner in Physical Education, being his relevant teaching subject was ignored. The petitioner claims to be entitled to the post graduate scale of pay, which appears to have been denied to the petitioner. ( 7 ) ACCORDING to the petitioner, the petitioner is entitled to the benefit of government Order being No. 33-Edn (B) dated Calcutta the 7th March, 1990 as clarified by the Government Order being No. 795-Edn. (S) dated Calcutta, the 22nd November, 1993. ( 7 ) ACCORDING to the petitioner, the petitioner is entitled to the benefit of government Order being No. 33-Edn (B) dated Calcutta the 7th March, 1990 as clarified by the Government Order being No. 795-Edn. (S) dated Calcutta, the 22nd November, 1993. The relevant portion of the Government Order dated 7th March, 1990 is extracted hereinbelow:"16 (3) All teachers and librarians of Secondary Schools who have improved or will improve their qualification orwho were appointed with higher qualification in the subject or group relevant to theirteaching/ appointment shall get higher scale of pay appropriate to their qualifications with effect from the 1st January, 1986 or the date of improving qualification whichever is later. This principle shall apply mutatis mutandis to the teachers/ librarians of other institutions/organizations as mentioned in annexure-l. " ( 8 ) THE Government Order dated 22nd November, 1993 is extracted hereinbelow:"the undersigned is directed to say that il has come to the notice of this Department that higher scale of pay is not being granted to Physical Education Teachers having higherqualification of Master degree in Physical Education. This is presumably due to non-existence of any provision for post graduate teacher in physical Education in terms of the staff pattern laid down in G. O. No. 772-Edn (S) dated the 8th July, 1974. In this Department Memo No. 372-Edn. (S) dated 31st July, 1981 read with Memo No. 33-Edn. (B) dated the 7th March, 1990 the higher scale of pay to the teachers of Secondary Schools having higher qualification has already been granted. It is now clarified that all such Physical Education teachers including those of Madrasahs of various types having Master Degree in Physical Education from recognized Universities will be entitled to get higher scale of pay in relaxation of the above noted staff pattern. This order will take effect from the date of issue of this clarification. " ( 9 ) BY a Memorandum No. 25-SE (B)/1m-102/98 dated Calcutta, the 12th February, 1999 the Government of West Bengal accepted the recommendation of the Fourth Pay Commission. This order will take effect from the date of issue of this clarification. " ( 9 ) BY a Memorandum No. 25-SE (B)/1m-102/98 dated Calcutta, the 12th February, 1999 the Government of West Bengal accepted the recommendation of the Fourth Pay Commission. The said memorandum inter alia provided as follows;"12 (3) All teachers including physical education teachers and librarians of secondary schools who have improved/will improve their qualifications who were appointed with higher qualification in the subjects or groups relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications, with effect from the 1st January, 1996 or the date of improving qualifications, whichever is later. " ( 10 ) FROM the Government Orders/circulars referred to above it is amply clear that a teacher of Physical Education appointed with post graduate degree in Physical Education, a subject relevant to his/her teaching subject, is entitled to the higher post graduate scale of pay irrespective of the classes taught or the minimum educational qualification;; pertaining to the post as per the staff pattern of the school. ( 11 ) AFTER the appointment of the petitioner as teacher of the school, with effect from 26th June, 1999, on the recommendation of the School Service commission, a Circular, being No. 155-SE (B)/10m-102/98 Pt. l dated Calcutta, the 13th July, 1999, Government of West Bengal was issued amending memorandum No. 25/se (B)/1m-102/98 dated 12th January, 1999 in the manner indicated hereinbelow:"5) All teachers, including Physical Education teachers and librarians of Secondary Schools who have improved/will improve their qualification or who are appointed with higher qualification in the subjects or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications, with effect from the 1st january, 1996 or the date of improving qualification, whichever is later, provided that such higher qualified teachers in the relevant subjects or group is justified as per approved staff pattern of that school, if such teacher is appointed through West Bengal School Service Commission, his/her pay will be fixed in the scale of pay as per his/her qualification mentioned by the West Bengal School Service Commission. " ( 12 ) THE petitioner has, however, been denied the post graduate scale of pay on the ground that the School Service Commission has in its recommendation recorded the educational qualification of the petitioner as B. A. B. P. Ed. " ( 12 ) THE petitioner has, however, been denied the post graduate scale of pay on the ground that the School Service Commission has in its recommendation recorded the educational qualification of the petitioner as B. A. B. P. Ed. ( 13 ) THE Government Order/circular dated 13th July, 1999 in so far as it amends the earlier Government Orders and provides that if a teacher is appointed through the West Bengal School Service Commission, his/her pay would be fixed in the scale of pay as per his/her qualification mentioned by the West Bengal School Service pommission cannot be applied to the petitioner retrospectively. ( 14 ) IN fact, in a similar case of one Soumen Dutta who had obtained the Master of Physical Education Degree i. e. post graduate degree in a relevant teaching subject, the Director of School Education granted him the higher post graduate scale of pay by Memo No. 284/1 (S) LC dated 17/16th november, 2003 observing that when the said Soumen Dutta joined the School on 5th April, 1999 the Government Order No. 155-SE (B)/10m-102/98 Pt. I dated 13th July, 1999 did not come into effect. There is, therefore, no reason why the petitioner should not also be granted post graduate scale of pay. Reference may in this context be made to the unreported judgment and order of this Court dated 19. 1. 2004 in the case of W. P. No. 249 (W) of 2004 (Smt. Rina Laskar v. State of West Bengal and Ors. ). ( 15 ) EVEN otherwise, a teacher appointed with a post graduate degree in a relevant teaching subject cannot be denied the post graduate scale of pay on the sole ground of the School Service Commission not having mentioned the post graduate degree in its recommendation or on the ground of the appointment of a post graduate teacher not being justified by the staff pattern of the school, forthe reasons discussed hereinafter. ( 16 ) WHEN a statutory authority like a School Service Commission constituted under the West Bengal School Service Commission Act, 1997 selects a candidate after perusing the certificates and documents provided by him and/or her and records the educational qualifications of the candidate in its recommendation there is a prime facie presumption that the educational qualifications have correctly been recorded. ( 17 ) COUNSEL appearing on behalf of the respondent School Service commission submitted that when a requisition for an Assistant Teacher is placed with the concerned Regional School Service Commission, the minimum requisite qualifications are specified. Even though persons with higher qualifications are considered for such posts no credit is given for the higher qualifications and the higher qualifications are not taken into consideration. The higher qualifications are, therefore, not mentioned in the recommendation. ( 18 ) THE School Service Commission being a statutory authority is bound to correctly record the educational qualifications of candidates, even though no credit may be given to candidates for higher educational qualifications than those required as per the requisition placed by the concerned school. ( 19 ) THE staff pattern of a school is determined by the District Inspector of Schools. The requisite minimum educational qualifications, experience and other criteria for eligibility are fixed as per existing rules, regulations and/or government Circulars/notifications/orders in this regard. There does not appear to be any bar to a higher educational qualification being insisted upon by the concerned school, subject to approval of the District Inspector of Schools. ( 20 ) IN the premises, the requisite eligibility criteria is determined by the school authorities with the approval of the concerned District Inspector. For some posts, the minimum requisite qualification fixed as per the staff pattern of the concerned school, is a post graduate degree, for other posts the minimum requisite educational qualification is Pass Course Graduate. ( 21 ) IT is submitted that ordinarily a post graduate degree is insisted upon for teaching posts in Secondary and Higher Secondary classes and not for junior classes. There does not, however appear to be any fixed certaria and/or rule in this regard. At least no rules have been placed before this court. For the same and/or similar teaching posts, the requisite qualification fixed is in some cases a post graduate degree and in other cases graduate degree. ( 22 ) FROM the Government Orders pertaining to fixation of pay scale of teachers, it is apparent that fixation is done on the basis of qualifications irrespective of the classes taught. For the same and/or similar teaching posts, the requisite qualification fixed is in some cases a post graduate degree and in other cases graduate degree. ( 22 ) FROM the Government Orders pertaining to fixation of pay scale of teachers, it is apparent that fixation is done on the basis of qualifications irrespective of the classes taught. ( 23 ) IN the circumstances, the question which arises for determination in this Court is whether two sets of teachers, possessing the same educational qualifications and performing the same work and hence similarly circumstanced whether working in the same school or different Government aided schools, can be treated differently in the matter of fixation of salary only because the minimum requisite educational qualification fixed by the district Inspector for the post in question is lower. ( 24 ) FIXATION of different scales of pay for teachers of the same or different aided schools, with the same qualifications, who perform the same duties and functions and are hence equally circumstanced violates principles of equal work for equal pay and offends Article 14 of the Constitution of India, more so in the absence of specific rules prescribing the requisite educational qualifications for teachers of different classes. ( 25 ) IN this context, it may be relevant to record, as pointed out by learned Counsel appearing on behalf of the petitioner, the prescribed minimum requisite qualification for the post of Assistant Teacher of Physical Education is a Bachelor of Physical Education. ( 26 ) ACCORDINGLY, the Government Order dated 22nd November, 1993 was issued clarifying that Physical Education teachers with Masters degree in Physical Education from recognized Universities would be entitled to get higher scale of pay notwithstanding the fact that post graduate degree in physical Education was not necessary for appointment as Assistant Teacher of Physical Education. ( 27 ) THE Government Order dated 22nd November, 1993 is a specific order which pertains to Assistant Teachers of Physical Education. It is doubtful whether the Circular dated 13th July, 1999 which is a general circular can supersede a specific Circular with regard to Assistant Teachers of Physical education which has not till date been withdrawn, rescinded, cancelled or superseded. On the other hand, the said Government Order has been clarified by an Order No. 417-SE (S)/5p 33/98 dated Calcutta 8th March, 2000 the relevant portion whereof is extracted hereinbelow:"2. On the other hand, the said Government Order has been clarified by an Order No. 417-SE (S)/5p 33/98 dated Calcutta 8th March, 2000 the relevant portion whereof is extracted hereinbelow:"2. Now in clarification of Para 3 of Government Order No. 759- edn. (S) dated 22. 11. 93 the undersigned is directed to say that the benefit of higher scale of pay is admissible to those Physical Education teachers only who have obtained such degree on completion of two years regular course from a recognized University. This order will take effect from the date of issue of this clarification. " ( 28 ) THE petitioner who possesses the post graduate degree in Physical education being his relevant teaching subject at the time of appointment would be entitled to the scale pertaining to his post graduate qualification irrespective of the qualification mentioned by the School Service Commission and irrespective of the minimum requisite qualification for the post. The writ application is accordingly allowed. The petitioner shall be entitled refixation of his salary in the post graduate scale of pay from the date of his application and other consequential reliefs including arrears. .