Sri Kanai Singha vs The State Of Tripura & Ors
2021 Latest Caselaw 951 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                                WA No. 208 of 2021

Sri Kanai Singha
                                                             ..............Appellant(s)
                                   Versus
The State of Tripura & Ors.
                                                             ...........Respondent(s)

For Appellant(s)           :       Mr. D.C. Roy, Advocate.

For Respondent(s)          :       Mr. D. Bhattacharya, Government Advocate.
                                   Mr. S. Saha, Advocate.

          HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
           HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
                                      Order
21/09/2021

Appellant original petitioner has challenged the judgment of the

learned Single Judge dated 10.02.2021 passed in WP(C) No.72 of 2014. The

petitioner had appeared for interview for the post of graduate teacher in response

to advertisement dated 23.09.2009. The petitioner was not selected. Respondents

No.3 & 4 were the selected candidates. The petitioner challenged the selection of

the respondents No.3 & 4 ahead of him on the ground that he had passed the

relevant tests earlier and with higher marks than the respondents No.3 & 4. The

petition was, however, dismissed on the grounds that without joining the members

of the selection board the allegations of misapplication of the guidelines for

selection cannot be examined.

In our opinion, the petitioner has not made out any case for

interference. Merely because the petitioner had passed the relevant qualification Page - 2 of 2

examinations earlier or even with higher marks would not automatically mean his

inclusion in the select list. The petitioner has not demonstrated as to how the

interview board has treated him with injustice by not awarding proper marks under

different heads. The role of the interview board is not necessary to examine the

date of passing of the qualifying examination or the marks scored in such

examination by the candidates. The selection would include consideration of range

of factors and in absence of any demonstrated illegality or mala fides the selection

cannot be set aside.

Appeal is dismissed. Pending application(s), if any, shall also stand

disposed of.

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




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