Mr. P Roy Barman vs Mr. K Dey
2021 Latest Caselaw 145 Tri

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                       HIGH COURT OF TRIPURA
                                 AGARTALA

                                 WA No.31/2021
             For Petitioner(s) : Mr. P Roy Barman, Advocate,
                                 Mr. Smarjit Bhattacharjee, Advocate.
             For Respondent(s) : Mr. K Dey, Addl. Govt. Adv.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE JUSTICE MR. S G CHATTOPADHYAY

_O_R_D_E_ R_

09/02/2021 (Akil Kureshi, CJ).

Appellant is the original petitioner. He has challenged the

judgment of the learned Single judge dismissing his petition. In the

petition, he had challenged the selection made by the Government to the

Rural Programme Manager(RPM) in which he had also applied and

participated.

Main ground raised by the petitioner before the learned Single

Judge and also before us is that the general employment guidelines issued

by the Government under office memorandum dated 12th January, 2015

and which was applicable to the selection process in question, provided

that a total of 40 marks would be awarded by the selection committee for

educational qualifications in following manner :

"Maximum marks to be allotted to evaluate Educational Qualification : 40

(a) 30%-44% Marks obtained in qualifying Exam. = 14 Marks.

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(a) 45%-59% Marks obtained in qualifying Exams. = 28 Marks

(a) 60% and above Marks obtained in qualifying Exams. = 40 Marks."

As against this, in some cases, selectively the interview

committees had awarded 28 marks to the candidates who had scored

between 40-45% in the qualifying examination simply because they had

the bachelors' degree with honours. According to the counsel for the

appellant, this was impermissible. He contended that the learned Single

Judge held that this was within the discretion of the interview board and

that the petitioner having participated in the selection process, cannot

challenge the same.

Notice of final disposal, returnable for 9th March, 2021.

Learned Additional Government Advocate, Mr. K Dey waived

notice on behalf of respondents 1 to 4. Notice to private respondents No.7

to 23 shall be served through the respondent No.3, Director, Panchayet

Department, Government of Tripura for which purpose counsel for the

appellant shall supply sufficient number of copies of appeal memos with

accompanying documents to the learned Additional Government

Advocate.

( S G CHATTOPADHYAY, J ) ( AKIL KURESHI, CJ )

Sukhendu