Citation : 2023 Latest Caselaw 146 Tri
Judgement Date : 8 February, 2023
[1]
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.27 of 2022
1. Smt. Tumpa Roy (32 Years)
D/o- Sri Subash Roy
Old Kali Bari Lane, Krishnanagar
Agartala, Dist.- West Tripura
P.O-Agartala, P.S-West Agartala
Pin-799001
2. Sri Dipak Haldar (34 Years)
S/o- Lt. Panchanna Haldar
Resident of Maiganga, Teliamura
Dist.- Khowai Tripura, Pin-799205
3. Smt. Ratna Debnath (29 Years)
W/o- Sri Sridam Debnath
Resident of East Champamura,
P.O.- Old Agartala, West Tripura
4. Miss Ambalika Bhaumik (32 Years)
D/o- Sri Amulya Kumar Bhaumik
Resident of Old Kalibari Road,
Krishanagar, P.O-Agartala
P.S- West Agartala
Dist.- West Tripura
Pin-799001.
5. Miss Sudhipa Das (28 Years)
D/o- Lt. Nirajan Das
Resident of Jagaharimura,
P.S- East Agartala, Agartala,
West Tripura, 799004
6. Miss Sandipa Majumder (37 Years)
D/o- Sri Lal Mohan Majumder
Resident of North Banamalipur,
P.S- East Agartala, Agartala
West Tripura, 799001
7. Miss Rupa Deb (39 Years)
D/o- Lt. Dilip Kumar Deb
Resident of Jagatpur
P.O-Abhoynagar, West Tripura
Pin-799005
8. Miss Gopa Deb (42 Years)
D/o- Lt. Dilip Kumar Deb
Resident of Jagatpur,
P.O.-Abhoynagar, West Tripura,
Pin-799005
9. Miss Sarmistha Debi Datta (29 Years)
D/o- Sri Adesh Ranjan Datta
Resident of Milan Chakra, Road no.2,
[2]
P.S-A.D. Nagar, Agartala,
West Tripura, 799003
10. Sri Sajal Das (30 Years)
S/o- Lt. Hemendra Ch. Das
Resident of Hapania,
P.S-Amtali, P.O.- O.N.G.C,
West Tripura, 799014
11. Sri Prasanjit Debnath (26 Years)
S/o-Sri Bidyut Debnath
R/o- Barjala West, P.O- Chesrimile,
P.S-Bishraganj,
Dist. Shepahijala Tripura, Pin-799103
12. Sri Dipesh Majumder (27 Years)
S/o- Sri Narayan Majumder
Resident of Lankamura, Agartala,
P.S.- West Agartala, West Tripura,
Pin-799009
13. Sri Nandan Bhattacharjee (30 Years)
S/o- Sri Ratan Bhattacharjee
Resident of A.D. Nagar Road no.6,
P.S-A.D. Nagar, Agartala
West Tripura, 799003
14. Sri Biplab Deb Chowdhury (26 Years)
S/o- Sri Bijoy Bhushan Deb Chowdhury
Resident of Bhati Abhoynagar,
P.S.-West Agartala,
Dist. West Tripura, 799001
15. Sri Ratan Ghosh (26 Years)
S/o- Sri Dulal Chandra Ghosh
Resident of Bagbari, Lembucherra,
P.S.-Lefunga, West Tripura, Pin-799210
16. Sri Ashutosh Das (35 Years)
S/o- Lt. Gouranga Das
Resident of Hairmara,
P.S.-A.D. Nagar, West Tripura,
Pin-799003
17. Sri Bikash Bhandari (31 Years)
S/o- Sri Sunil Bandari
Resident of Narayan Khamar,
P.S.- Amtali, West Tripura, Pin-799022
18. Sri Rajat Debnath (25 Years)
S/o- Sri Ranjit Debnath
Resident of Nalgaria
P.S.- Ranir Bazar, West Tripura, 799035
19. Mrs. Tanusree Paul (32 Years)
W/o- Sri Uttam Rudra Paul
Resident of West Pratapghar,
P.S.- West Agartala, West Tripura,
Pin-799003
20. Miss Moonmoon Majumder (32 Years)
[3]
D/o- Lt. Amalendu Majumder
Resident of Dalura,
P.S.-Bodhjungnagar, West Tripura
Pin-799008
21. Smt. Pinki Acharjee (26 Years)
D/o-Sri Dilip Chandra Acharjee
Resident of Santibazar,
P.S-Santirbazar, South Tripura,
Pin-799144.
22. Sri Tushar Das (30 Years)
S/o Sri Dayananda Das
Resident of Tufania Lunga,
P.S. - Airport,
Dist.- West Tripura, Pin-799015
23. Sri Biswajit Shil (30 Years)
S/o- Sri Shanti Shil
Resident of Vill.-North Bhuratali,
P.S.- Manu Bazar, South Tripura,
Pin-799143
24. Smt. Aakhi Rani Saha (30 Years)
D/o- Swapan Kr. Saha
Resident of Vill- West Laxmibil
P.O- Bishalghar, Dist.- Sepahijala Tripura
25. Smt. Suchitra Sangma (35 Years)
W/o- Sri Kajal Sangma
D/o- Sri Dipak Ch. Shil
Resident of Bhati Abhoynagar
Agartala, P.S- West Agartala
Dist.-West Tripura, Pin-799001
26. Sri Palash Sarma (27 Years)
S/o- Sri Arjun Sarma
Resident of Vill.- East Kalabaria,
P.O-Maichara, Dist.-South Tripura
27. Ms. Supta Das (32 Years)
D/o- Sri Sunirmal Chandra Das
Resident of College Tilla, Shibnagar
Agartala, P.O & P.S- Agartala College
Dist. West Tripura, Pin-799004
28. Mir Hossain (29 Years)
S/o- Tabdul Hossain
Resident of Vill.- Baishgharia
Teliamura, P.O-Golabari
P.S- Telaimura, Dist.-Khowai Tripura
Pin-799205
29. Smt. Nirmala Bhowmik Biswas (40 Years)
D/o- Sri Mahindra Chandra Bhowmik
Resident of Teliamura,
P.O & P.S.- Teliamura, Pin-799205
30. Smt. Lipika Deb (31 Years)
D/o- Lt. Ranendra Kumar Deb
[4]
Resident of Vill.- Rabindrapalli
P.O-Kumarghat, Dist. - Unakoti Tripura
Pin-799264
31. Smt. Shepali Goswami (30 Years)
D/o- Lt. Shailendra Kumar Goswami
Resident of Vill.- Ratiabari, P.O-Ratiabari
P.S- Kumarghat, Dist.- Unakoti Tripura
32. Sri. Gangesh Ch. Gope (26 Years)
S/o- Lt. Gopesh Ch. Gope
Resident of Vill:-Nalkata
P.O- Kanchancherra, P.S. Manu
33. Smt. Umadevi Sharma (32 Years)
D/o- Sri Kharananda Sharma
Resident of Vill-Bishnudebbarma para
P.O & P.S- Manu Ghat
Dist.- Dhalai Tripura
Pin-799275
34. Sri Bimal Sarkar (30 Years)
S/o- Lt. Radha Mohan Sarkar
Resident of Vill-North Bhuratali
P.O- Bhuratali, Dist.- South Tripura
Pin-799143
35. Smt. Purnima Das (30 Years)
D/o- Sri. Thakurdhan Das
Resident of Vill.- Hapania, Sobuj Palli
P.O-Charipara
Dist.-West Tripura
36. Sri Anup Das (30 Years)
S/o-Sri Sudarshan Das
Resident of Vill:-R.K. Ganj
P.O. Betaga
Dist. South Tripura
37. Smt. Anamika Pal (29 Years)
D/o- Sri Pritish Pal
Resident of Vill- West Piparia Khola
P.O- Abhayganj Bazar, P.S-P.R. Bari
Dist. South Tripura, Pin-799155
38. Sri Rahul Mitra (26 Years)
S/o- Sri Sunil Mitra
Resident of Vill.- Abhoy Nagar
P.O-Nalua Dist. -South Tripura
Pin-799156
39. Sri. Shyamal Majumder (38 Years)
S/o- Sri Anil Chandra Majumder
Resident of Vill.- Abhoynagar,
P.O- Nalua, Dist. South Tripura
Pin-799156
40. Sri Bishu Das (30 Years)
S/o- Lt. Rabindra Das
Resident of Vill:-Laxmipur
[5]
P.O. Barpathari, Dist. South Tripura
41. Sri Rahul Kanti Sarkar (27 Years)
S/o- Sri Babul Sarkar
Resident of Vill-Jolaibari
P.O-Jolaibari, Dist.- South Tripura
Pin-799141
42. Sri Nayan Ranjan Debnath (28 Years)
S/o- Sri Bidhu Bhushan Debnath
Resident of Vill.- Noagaon, Kamalpur,
P.O- Kamalpur Dist. - Dhalai Tripura,
Pin-799285
43. Sri Pritam Saha (29 Years)
S/o- Sri Khokan Saha,
Resident of Vill.-Jogendranagar
P.O-Jogendranagar Dist.-West Tripura
Pin-799004
44. Sri Sumit Kumar Saha (38 Years)
S/o- Sri Prabash Chandra Saha
Resident of West Laxmibill,
P.S-Bishalgarh
Dist.-Sepahijala Tripura
Pin-799102
45. Sri. Akash Debnath (27 Years)
S/o- Lt. Sankar Debnath
Resident of Chandrapur, Madhyapara,
P.S- East Agartala, Dist.- West Tripura
Pin- 799008
46. Smt. Kabita Malakar (28 Years)
D/o- Sri. Ajit Malakar
Resident of Tuichidrai, Teliamura,
P.O- Hawaibari, Dist.-Khowai, Tripura
Pin-799205
47. Smt. Soma Bhowmik (39 Years)
D/o- Sri Chintaharan Bhowmik
Resident of Vill. &P.O.- Dhaleswar Rd. No.1,
P.S.- East Tripura, Agartala, Tripura
Pin-799007
48. Sri Ashish Debnath (32 Years)
S/o-Lt. Ashutosh Debnath
Resident of Vill.-Kuchpara,
P.O.- Kalyanpur,
Dist.-Khowai Tripura, Pin799203
---Petitioner(s)
Versus
1. The State of Tripura,
Represented by the
Secretary to the Govt. of Tripura
Department of Education (School), Agartala,
[6]
P.O- Agartala, District- West Tripura, 799001
2. Teachers' Recruitment Board, Tripura
Represented by Chairman
„Siksha Bhawan‟, Office Lane,
Agartala, Dist.-West Tripura,
Pin-799001
3. The Controller of Examination
Teachers‟ Recruitment Board, Tripura
„Siksha Bhawan‟, Office Lane,
Agartala, Dist.-West Tripura,
Pin-799001
---Respondent(s)
WP(C) No.88 of 2022
1. Smt. Ratna Debnath (32 Years) D/o-Sri Manoranjan Debnath, Resident of Vill.- Muddapara, P.O-Khayerpur, Dist.- West Tripura
2. Smt. Sharmista Das (31 Years) D/o-Parimal Chandra Das Resident of Vill.-Sekerkote, P.O-Sekerkote, Dist.- West Tripura
3. Sri Manoj Kumar Pal (37 Years) S/o- Rakhal Chandra Pal Resident of Vill.- North Jolaibari, P.O- Jolaibari, P.S- Baikhora, Dist.- South Tripura, Pin-799141
4. Smt. Moumita Bhowmik (27 Years) D/o-Badhan Bhowmik Resident of Gardhang, P.O-Kanchanpur P.S-Santirbazar, Dist.-South Tripura Pin-799144
5. Sri Goutam Podder (40 Years) S/o- Sri Nani Gopal Podder Resident of Vill.-Madhyamura, P.O.-Sekerkote, P.S.- Amtali, West Tripura, Pin- 799130
6. Sri. Bidyut Debnath (30 Years) S/o Sri Bijay Debnath Resident of Vill. & P.O- Betaga P.S- Santirbazar, Dist. South Tripura
7. Smt. Sanmina Das (26 Years) W/o- Uttam Kumar Das Resident of Vill.- Indiranagar P.O& P.S- Melaghar, Dist.- Sepahijala Tripura
8. Sri Nepal Chandra Shil (33 Years) S/o- Sri Sunil Chandra Shil R/o- Ishan Chandra Nagar [7]
P.S.- Belonia, P.O.- Subhash Nagar, District- South Tripura, Pin- 799155
9. Sri Samir Das (29 Years) S/o Sri Ramesh Das Resident of Vill. & P.O- N.B.C. Nagar, P.S- Belonia, Dist.- South Tripura
10. Sri Bapan Debnath (27 Years) S/o- Sri Pulin Debnath Resident of Vill. & P.O- Sinduk Pathar, P.S- Manu Bazar, Dist.- South Tripura
11. Miss Sunanda Guha (27 Years) D/o-Sri Amal Chandra Guha R/o- Ishan Chandra Nagar P.S.- Belonia, P.O- Subhash Nagar, District- South Tripura, Pin-799155
12. Sri Soumyadip Nandi (27 Years) S/o- Sri Ranjit Nandi R/o- Vill & P.O.- Lowgang, P.S.- Santirbazar, District- South Tripura,
13. Smt. Jayashree Deb D/o-Sri Chandan Deb R/o- Durga Chowmoni Prgati Road, P.O.- Agartala Dist.- West Tripura
14. Sri Abhijit Shil S/o- Sri Narayan Shil R/o- Khilpara Bhangarpar, P.O- Khilpara, P.S- R.K. Pur, Dist.- Gomati Tripura, 799120
---Petitioner(s)
Versus
1. The State of Tripura, Represented by the Secretary to the Govt. of Tripura Department of Education (School), Agartala, P.O- Agartala, District- West Tripura, 799001
2. Teachers' Recruitment Board, Tripura Represented by Chairman „Siksha Bhawan‟, Office Lane, Agartala, Dist.-West Tripura, Pin-799001
3. The Controller of Examination Teachers‟ Recruitment Board, Tripura „Siksha Bhawan‟, Office Lane, Agartala, Dist.-West Tripura, Pin-799001
---Respondent(s) [8]
WP(C) No.104 of 2022
Smt. Sanghamitra Chakraborty, W/o Sri Tanmoy Chakraborty, of Jogendranagar, Vivekananda Lane, P.S. East Agartala, P.O - Jogendranagar, Pin-799004
---- The Petitioner
Versus
1. State of Tripura, Secretary of Education (School) Department, New Capital Complex, Kunjaban, Agartala, Tripura.
2. Teachers' Recruitment Board, Tripura (TRBT), Education (School) Department, Govt. of Tripura, Shiksa Bhawan, Officlane, Agartala, Tripura.
3. Controller of Examination, Teachers' Recruitment Board, Tripura (TRBT) Education (School) Department, Govt. of Tripura, Shiksa Bhawan, Officlane, Agartala, Tripura.
---Respondent(s)
WP(C) No.105 of 2022
1. Manideepa Das, D/O Sri Chandan Kanti Das R/O Kabiraj Tilla, West Pratapgarh, A.D. Nagar, Agartala, West Tripura, Pin 799003, Age: 34
2. Parmita Routh, D/O Lt. Gopal Chandra Routh, R/O Kabirajtilla, West Pratapgarh, Agartala, West Tripura, Pin 799003, Age: 28
3. Amar Paul, S/O Sri Jahar Lal Paul, R/O North Maharani, Maharani, R.K. Pur, Gomati, Pin 799013, Age: 29
4. Maklisun Nessa, D/O Sri Amjod Ulla, Irani, Unakoti, Tripura, R/O Yeazakhowra, Babur Bazar, Irani, Unakoti, Tripura, Pin 799281, Age: 29
5. Rupa Paul, D/O Sri Jyoti Paul, R/O Lama Rajnagar, Fatikroy, Unakoti, Tripura, Pin 799290, Age- 31
6. Dipika Paul, D/O Sri Dilip Paul, R/O Lama Rajnagar, Fatikroy, Unakoti, Tripura, Pin 799290, Age- 31
7. Debapriya Chakrabarti, [9]
S/O Sri Dwijadas Chakrabarti, Srirampur, Kailashahar, Unakoti, Tripura, Pin 799277, Age-29
8. Firuj Miah, S/O Lt. Mayna Miah, R/O Nayapattan, Kailashahar, Unokoti, Tripura, Pin 799277, Age- 29
9. Latika Sinha, D/O Lt. Ashwini Sinha, R/O Goldharpur, Goldharpur, Kailashahar, Unakoti, Pin 799279, Age- 37
10. Nazma Begam, D/O Sri Samsuddin Ahmed, R/O Rangauti, Kailashahar, Unakoti, Tripura, Pin 799281, Age-28
11. Faruk Ahammad, S/O Sri Khalil Uddin Ahammad, R/O Kalaganger Par, Kadamtala, Dharmanagar, North Tripura, Pin 799261, Age- 31
12. Alija Parbin, D/O Sri Abdul Matin, R/O Kadamtala, Dharmanagar, North Tripura, Pin 799261, Age- 28
13. Swastisikha Paul Choudhury, D/O Sri Pankaj Kumar Paul Choudhury, Padmapur, Dharmanagar, North Tripura, Pin 799250, Age- 32
14. Priyanka Nath, D/O Sri Parimal Chandra Nath, R/O Rowa, Rowa Bazar, Panisagar, North Tripura, Pin 799260, Age- 27
15. Sudip Majumder, S/O Sri Sunil Majumder, R/O West Dewanpashu, Dharmanagar, North Tripura, Pin 799254, Age- 28
16. Shrabani Nath, D/O Sri Pranab Kumar Nath, R/O North Nayapara, Dharmanagar, North Tripura, Pin 799250, Age- 28
17. Upasana Deb, D/O Sri Animesh Deb, R/O Chandrapur, Dharmanagar, North Tripura, Pin 799250, Age- 27
18. Bharati Deb, D/O Sri Rabindra Kr. Deb, R/O Jail Road, Dharmanagar, North Tripura, Pin 799250, Age- 36
19. Sukta Majumder, D/O Sri Sushil Majumder, R/O Dewanpasha, Dewanpasha, Dharmanagar, North Tripura, Pin 799254, Age- 26
20. Biswajit Roy, S/O Sri Birendra Kr. Roy, R/O West Dewanpasha, Dewanpasha, Dharmanagar, North Tripura, Pin 799254, Age- 28
21. Sanjib Nath, S/O Sri Sunil Nath, R/O Dewanpasha, Dharmanagar, North Tripura, Pin 799254, Age- 36 [10]
22. Mrinal Sarma, S/O Sri Manindra Sarma, R/O Dharmanagar, Nayapara, Progati Road, North Tripura, Pin 799250, Age- 26
23. Abhijit Purkayastha, S/O Sri Ashok Ranjan Purkayastha, R/O Dharmanagar, Halflong, D.K. Road, North Tripura, Pin 799254, Age- 39
24. Samina Begam, D/O Sri Abdul Sahid, R/O Fulbari, Churaibari, Dharmanagar, North Tripura, Pin 799262, Age- 26
25. Abdul Sukkur, S/O Lt. Harun Rasid, R/O Kurti Rajnagar, Kadamtala, North Tripura, Pin- 799261, Age- 33
26. Pulak Nath Choudhury, S/O Bijoy Nath Choudhury, R/O Deocharra, Panisagar, North Tripura, Pin 799260, Age- 30
27. Sanjoy Kar, S/O Sri Kanu Kar, R/O Krishnanagar, Belonia, South Tripura, Pin 799156, Age- 31
28. Satyajit Sen, S/O Sri Kiran Ch. Sen, R/O Guachand, Harina Bazar, Manu Bazar, Sabroom, South Tripura, Pin 799145, Age- 29
29. Prasenjit Ratha, S/O Sri Ashutosh Ratha, R/O Nabagram, Fulchari, Manu Bazar, Sabroom, South Tripura, Pin 799143, Age- 29
30. Prasanta Saha, S/O Sri Umesh Ch. Saha, R/O West Jolaibari, Jolaibari, Baikhora Santirbazar, South Tripura, Pin 799141, Age-32
31. Jutan Debnath, S/O Kanu Debnath, R/O Guachand, Manubazar, South Tripura, Pin 799143, Age- 26
32. Sidhartha Debnath, S/O Sri Brijendra Debnath, R/O East Harina, Sabroom, Sabroom, South Tripura, Pin 799145, Age- 25
33. Sudipta Saha, D/O Sri Sibu Ranjan Saha, R/O Santi Kalibari, Santipara, Manu bazaar, Sabroom, South Tripura, Pin 799143, Age-34
34. Bijon Dey, S/O Sri Ajit Dey, R/O South Kalapania, Satchand, Manu Bazar, Sabroom, South Tripura, Pin 799143, Age- 26
35. Mani Goswami, D/O Lt. Haripada Goswami, R/O S.B.C. Nagar, Bonkar, Belonia, Belonia, Pin 799155, Age- 41 [11]
36. Dipankar Ghosh, S/O Sri Sudhir Chandra Ghosh, R/O Haripur, Hrishyamukh, South Tripura, Belonia, Pin 799156, Age- 26
37. Rupan Debnath, S/O Lt. Arun Debnath, R/O Satmura, Sarashima, Belonia, South Tripura, Pin 799155, Age- 28
38. Babul Majumder, S/O Sri Satya Ranjan Majumder, R/O Durgapur, Rajnagar, P.R. Bari, Belonia, South Tripura, Pin 799150, Age- 33
39. Mimi Choudhury, D/O Sri Biplab Choudhury, R/O I.C. Nagar, Subhas Nagar, South Tripura, Pin 799155, Age- 27
40. Md. Jahangir Kabir, S/O Sri Foysh Mia, R/O BOP Rajnagar, Rajnagar, South Tripura, Pin 799150, Age- 27
41. Suparna Nath, D/O Sri Narayan Chandra Nath, R/O Krishnapur, Anandapur, South Tripura, Pin 799157, Age- 36
42. Punabrata Bhowmik, S/O Sri Bishnu Prasad Bhowmik, R/O Sinduk Pathar, Manu Bazar, South Tripura, Pin 799143, Age- 27
43. Mallika Debnath, D/O Sri Jagadish Debnath, R/O Sinduk Pathar, Manu Bazar, South Tripura, Pin 7991463, Age- 32
44. Prasenjit Majumder, S/O Sri Parimal Majumder, R/O Sinduk Pathar, Manu Bazar, Sabroom, South Tripura, Pin 799143, Age- 27
45. Subrata Bhowmik, S/O Lt. Swapan Bhowmik, R/O East Ludhua, Sabroom, South Tripura, Pin 799145, Age- 33
46. Sourav Saha, S/O Sri Subhas Chandra Saha, R/O Manu Bazar, Sabroom, South Tripura, Pin 799143, Age- 27
47. Kingkar Dey, S/O Lt. Matilal Dey, R/O Magurchara, Manu Bazar, Sabroom, South Tripura, Pin 799143, Age- 35
48. Soma Sarkar, D/O Sri Amar Kr. Sarkar, R/O Bankar Nandipara, Belonia, Bankar, South Tripura, Pin 799155, Age- 31
49. Md. Kutu Miah, S/O Lt. Abdul Rahman, R/O Kamalasagar, Sepahijala, Madhupur, Pin 799102, Age-28
50. Gouri Saha Roy, D/O Lt. Suresh Saha, R/O Shantipalli, Charipara, Amtali, West Tripura, Pin 799003, Age- 38
51. Ikbal Hossain, [12]
S/O Sri Amir Hossain, R/O Kalshimura, Kamalchera, Sepahijala, Pin 799102, Age- 25
52. Pinki Choudhury, D/O Sri Ranjan Choudhury, R/O K.K. Nagar, Bishalgarh, Sepahijala, Tripura, Pin 799102, Age- 31
53. Maman Miah, S/O Sri Harun Miah, R/O Najurpura, Kalshimura, Kalamchoura, Sepahijala, Pin 799102, Age- 32
54. Pranab Debnath, S/O Sri Pradip Debnath, R/O Murabari, Bishalgarh, Bishalghar, Sepahijala, Tripura 799103, Age- 26
55. Prasenjit Ghosh, S/O Lt. Nakul Ch. Ghosh, R/O Mohanbhog, Melaghar, Sonamura, Sepahijala, Pin 799105, Age-29
56. Purnima Rani Shil, D/O Sri Ajit Kumar Shil, R/O Barjala, Chesrimai, Sepahijala, Bisramganj, Pin 799103, Age- 33
57. Payal Bir, D/O Sri Rabindra Ch. Bir, R/O Naraura, Bishalgarh, Sepahijala, Tripura, Pin 799102, Age- 25
58. Nepal Ch. Shil, S/O Sri Ramdhan Shil, R/O North Charilam, Bishramganj Sepahijala, Tripura, Pin 799103, Age- 24
59. Saiful Islam, S/O Sri Renu Miah, R/O East Jortali, Bisramganja, Sepahijala, Tripura, Pin 799103, Age- 26
60. Amir Sohel, S/O Sri Karam Ali, R/O Indiranagar, Melaghar, Sepahijala, Pin 799115, Age- 24
61. Pakhi Begam, D/O Sri Achhanulla Mia, R/o Indiranagar, Melaghar, Sepahijala, Pin 799102, Age-38
62. Md. Ibrahim Khalil, S/O Sri Ajid Miah, R.O N.C. Nagar, Durgapur, Sepahijala, Pin-799131, Age-28
63. Sushanta Debnath, S/O Lt. Nripendra Ch. Debnath, R/o Bisramganja, Sepahijala, Tripura, Pin-799103, Age-37
64. Sakil Aktar, S/o Lt. Sultan Miah, R/o Aralia, Sonamura, Sepahijala, Tripura, Pin 799131, Age-28
65. Md. Faruk, S/O Sri Md. Asad Miah, R/O Telkajla, Melaghar, Sonamura, Sepahijala, Tripura, Pin-799115, Age-35
66. Baban Paul, S/O Sri Krishnadhan Paul, R/o Bampur, Amarpur, Gomati, Tripura, Pin-799101, Age-27
67. Titan Debnath, S/O Manindra Debnath, R/O Garjanmura, Kakraban, [13]
Gomati, Tripura, Pin 799114, Age-30
68. Jayanta Lodh, S/O Sri Jiban Kumar Lodh, R/o Amtali, Kakraban, Gomati, Tripura, Pin 799105, Age-25
69. Shibu Sutradhar, S/o Sri Haradhan Sutradhar, R/o No2 Khudiram Palli, Amarpur, Birganj, Gomati, Tripura, Pin 799101, Age-28
70. Rupa Saha, D/O Sri Radha Shyam Saha, R.O Shalgara, R.K. Pur, Gomati, Tripura, Pin 799114, Age-26
71. Arpita Shil, D/O Sri Arun Ch. Shil, R/O Rabindra Palli, R.K. Pur, Udaipur, Gomati, Tripura, Pin 799120, Age-31
72. Sanjoy Rudra Pal, S/O Sri Krishna Rudra Pal, R/O Matabari, Udaipur, R.K. Pur, Gomati, Tripura, Pin 799013, Age-27
73. Binoy Bhushan Paul, S/O Sri Ganesh Paul, R/O Matabari, R.K. Pur, Gomati, Tripura, Pin 799013, Age-34
74. Krishan Paul, S/O Sri Kajal Paul, R/O Jatanbari, Natun Bazar, Gomati, Tripura, Pin 799104, Age-29
75. Rupan Mia Sarkar, S/O Sri Sansar Ali Sarkar, R/o Taichan Para, Ampinagar, Gomati, Tripura, Pin 799101, Age-30
76. Jayanta Saha, S/O Sri Jyotish Saha, R/o Jatanbari, Nutan Bazar, Gomati Tripura, Pin 799104, Age-27
77. Tumpa Saha, D/O Sri Sankar Lal Saha, R/O Dhaleswar, Azad Hind Road, Opp. Of Priya Electric, Agartala,West, Tripura, Pin 799007, Age-28
78. Moumita Majumder, D/O Sri Pradip Majumder, R/O Badharghat, Near Petrol Pump, West Tripura, Pin 799003, Age-29
79. Nur Kasham, S/O Sri Sahidul Islam, R/O Indranagar, New Capital Complex, West Tripura, Pin 799006, Age-26
80. Anamika Karmakar, D/O Lt. Anjan Karmakar, R/O Kamarpukur Par, Math Chowmuhani, Dhaleswar, West Tripura, Pin 799007, Age-31
81. Md. Kaji Ambar Ali Mia, S/O Lt. Sishu Mia, R/O Bhadra Miship para, Jirania, N.I.T. Agartala, West Tripura, Pin 799046, Age- 29
82. Nabanita Saha, D/O Lt. Krishandhan Saha, R/O East Shibnagar, Near Udichi Club, Agartala, West Tripura, Pin 799004, Age- 25
83. Mousumi Choudhury, [14]
D/O Sri Mohanlal Choudhury, R/O C.R. Road, Agartala, Agartala College, West Tripura, Pin 799004, Age- 34
84. Rajib Deb, S/O Lt. Nantu Deb, R/O South Ramnagar, Agartala, West Tripura, Pin 799001, Age- 33
85. Rumita Paul, D/O Sri Nitai Paul, R/O North Banamalipur, B.K. Road, Agartala, West Tripura, Pin 799001, Age-30
86. Rina Shil, D/O Sri Swapan Shil, R/O Dwarikapur, Kalyuanpur, Khowai, Tripura, Pin 799203, Age- 26
87. Piyali Debnath, D/O Sri Sudhir Ch. Debnath, R/O Jambura, Khowai Court, Khowai Tripura, Pin 799202, Age- 28
88. Payel Deb, D/O Sri Pradip Ch. Deb, R/O Bagan Bazar, Kalyanpur, Khowai, Tripura, Pin 799203, Age- 28
89. Pulak Debnath, S/O Lt. Manik Lal Debnath, R/O South Jambura, Khowai, Tripura, Pin 799202, Age- 25
90. Sathi Paul, D/O Nikunjabehari Paul, R/O Khowai Ganki, Khowai, Tripura, Pin 799201, Age- 35
91. Manish Sutradhar, S/O Lt. Rakhal Sutradhar, R/O Jambura, Khowai Court, Tripura, Pin 799202, Age- 35
92. Arunabha Roy, S/O Sri Dilip Kr. Roy, R/O Office tilla, Khowai Court, Tripura, Pin 799202, Age- 30
93. Bikramjit Saha, S/O Sri Bikash Ch. Saha, R/O Netajinagar, Teliamura, Khowai, Tripura, Pin 799205, Age- 28
94. Raju Samanta, S/O Sri Rash Bihari Samanta, R/O East Ramchandraghat, Khowai, Tripura, Pin 799207, Age- 36
95. Soumen Choudhury, S/O Lt. Swapan Choudhury, R/O Khowai Subhas Park, Khowai, Tripura, Pin 799201, Age- 28
96. Mousumi Deb, D/O Sri Arun Deb, R/O Avanga Salema, Dhalai, Tripura, Pin 799286, Age- 25
97. Silpi Deb, D/O Sri Anukul Deb, R/O Nalkata, Kanchancherra, Manu, Dhalai, Tripura, [15]
Pin 799266, Age- 30
98. Prasenjit Rudra Paul, S/O Sri Tapan Rudra Paul, R/O Chandraichera, Ambassa, Dhalai, Tripura, Pin 799289, Age- 25
99. Annesha Choudhury, D/O Sri Ashim Choudhury, R/O Kalachari, No1, Garadtilla, Kamalpur, Dhalai, Tripura, Pin 799285, Age- 26
100. Indrajit Paul, S/O Sri Satya Ranjan Paul, R/O Noagaon, Kamalpur, Dhalai, Tripura, Pin 799285, Age- 25
101. Rabin Datta, S/O Sri Ramakanta Datta, R/O Fulchari, Kamalpur, Dhalai, Tripura, Pin 799285, Age- 28
102. Utpal Tanti, S/O Lt. Madhu Tanti, R/O Chulubari, Bamanchara, Kamalpur, Dhalai, Tripura, Pin 799286, Age- 27
103. Biswajit Paul, S/O Sri Babul Paul, R/O Chankap, Kachucherra, Dhalai, Tripura, Pin 799286, Age- 26
104. Happy Banik, S/O Lt. Dulal Banik, R/O Chanmari Para, Manughat, L.T. Valley, Dhalai, Tripura, Pin 799275, Age- 30
105. Arun Paul, S/O Sri Amar Chand Paul, R/O Sankar Palli, Amarpur, Birganj, Gomati, Tripura, Pin 799101, Age- 29
106. Jayanta Debnath, S/O Sri Sri Hare Krisha Debnath, R/O North Jogendranagar (Near Sarala Gas Agency), Agartala, West Tripura, Pin 799004, Age- 33
107. Susmita Bhowmik, D/O Sri Sri Sadhan Bhowmik, R/O Chnadrapur, Madhyapara, Reshambagan, East Agartala, Agartala, West Tripura, Pin 799008, Age- 27
108. Rinki Das, D/O Lt. Sudhangshu Das, R/O Pratyekroy, Kadamtala, North Tripura, Pin 799251, Age- 26
109. Beauty Das, D/O Sri Radhika Das, R/O Bahti Dudhpur, Kumarghat, Unakoti, Tripura, Pin 799288, Age- 27
110. Pranab Das, S/O Sri Pabitra Das, R/O Pechardahar, Kailashahar, Unakoti, Pin 799280, Age- 28
111. Debashish Das, S/O Lt. Sushil Das, R/O Ichai Kashimnagar, Ichai Sonapur, North Tripura, Pin 799251, Age- 25
112. Bijoy Das, S/O Sri Sanjoy Das, R/O Shib Bari Road, Dharmanagar, North Tripura, Pin 799250, Age- 29 [16]
113. Parimal Das, S/O Sri Anukul Das, R/O Sripur, Huplongcherra, Dharmanagar, North Tripura, Pin 799254, Age- 37
114. Anima Kal, D/O Sri Raghubir Kal, R/O Dharmanagar, Huplong, D.K. Road, North Tripura, Pin 799254, age-31
115. Arun Ch. Nama, S/O Arjun Ch. Nama, R/O North Bhuratali, Manubazar, South Tripura, Pin 799143, Age-28
116. Suman Das, S/O Sri Dipak Kumar Das, R/O Pandabpur, Sekerkote, Amtali, West Tripura, Pin 799130, Age-26
117. Rakesh Malakar, S/O Rabindra Malakar, R/O Sukanta Palli, Manubazar, Pin- 799143, Age-26
118. Suroj Das, S/O Sri Krishna Das, R/O Manu Bazar, Santipara AWC, Sabroom, Pin 799143, Age-27
119. Sankar Ch. Das, S/O Sri Rai Mohan Das, R/O North Srirampur, South Tripura, Pin 799157, Age-39
120. Mihir Das, S/O Sri Nani Gopal Das, R/O Suparikhola, Gabtali, South Tripura, Pin 799157, Age-45.
121. Pranjit Nama, S/O Sri Parimal Nama, R/O Kanchannagar, South Tripura, Pin 799144, Age-26.
122. Sriman Das, S/O Sri Param Das, R/O Abhoynagar, Nalua, Belonia, South Tripura, Pin 799156, Age-34.
123. Titan Sarkar, S/O Sri Sushil Ch. Sarkar, R.O. Veluarchar, Kalamcherra, Sonamura, Sepahijala, Tripura, Pin 799102, Age- 28
124. Ranjit Das, S/O Sri Naresh Das, R/O North Charilam, Bishalgarh, Sepahijala, Tripura, Pin 799103, Age- 32
125. Suman Sarkar, [17]
S/O Sri Bhuban Sarkar, R/O Kalshimura, Kalamchowra, Sepahijala, Tripura, Pin- 26
126. Debika Sarkar, D/O Sri Sribash Sarkar, R/O Rangkang, Amarpur, Birganj, Gomati, Tripura, Pin 799101, Age- 29
127. Abhinandan Das, S/O Sri Khokan Ch. Das, R/O North Chellayang, Nutan Bazar, Amarpur, Gomati, Tripura, Pin 799104, Age- 33
128. Manik Das, S/O Sri Subhash Das, R/O North Chellagang, Nutanbazar, Amarpur, Gomati, Tripura, Pin 799104, Age- 33
129. Ripan Das, S/O Sri Sanjib Das, R/O Rajnagar, R.K. Pur, Gomati, Tripura, Pin 799114, Age- 25
130. Pinki Das, D/O Sri Jayanta Das, R/O No.2 Fulkumari, R.K. Pur, Gomati, Tripura, Pin 799013, Age- 29
131. Apu Sarkar, S/O Sri Paltu Sarkar, R/O Maroari Killa, Ichachera, Kakraban, Gomati, Tripura, Pin 799105, Age- 31
132. Suman Das, S/O Sri Uttam Kr. Das, R.O. West Khupilong, Killa, Gomati Tripura, Pin 799114, Age- 28
133. Saraswati Das, D/O Lt. Surendra Das, R/O Rajdharnagar, Jamjuri, Kakraban, Gomati, Udaipur, Tripura, Pin 799013, Age- 37
134. Pramod Das, S/O Sri Ramprasad Das, R/O Noabadi, Jirania, West Tripura, Pin 799045, Age- 32
135. Himankar Chandra Mitra, S/O Sri Sadhan Chandra Mitra, R/O East Pratapgarh, Basakpara, Agartala, West, Tripura, Pin 799004, Age- 30
136. Maman Das, D/O Sri Sunil Das, R/O North Banamalipur, B.K. Road, Agartala, West Tripura, Pin 799001, Age- 35
137. Krishna Kumar Das, S/O Lt. Sudhir Chandra Das, R/O Netaji Nagar, ONGC, Amtali, West Tripura Pin 799014, Age- 33
138. Tapash Rishi Das, S/O Sri Jambuban Hrishi Das, R/O Kalyanpur, Khowai, Tripura, Pin 799203, Age- 33
139. Champa Das, [18]
D/O Sri Kanak Ch. Das, R/O Noagaon, Kamalpur, Dhalai Tripura, Pin 799285, Age- 27
140. Dipak Sarkar, S/O Sri Suklal Sarkar, R/O Uttar Krishnapur, M.T. Para, Teliamura, Tripura, Pin 799205, Age- 29
141. Soma Biswas, D/O Lt. Abinash Biswas, R/O Paharmura, Khowai, Tripura, Pin 799201, Age- 30
142. Bapi Das, S/O Sri Babul Das, R/O Durgapur, Santi Nagar, Kalyanpur, Khowai Tripura, Pin 799203, Age- 25
143. Tapan Mandal, S/O Lt. Paresh Ch. Mandal, R/O South Ghilatali, Ghilatali Bazar, Khowai, Tripura, Pin 799203, Age- 38
144. Pampa Das, D/O Sri Kanak Ch. Das, R/O Noagaon, Kamalpur, Dhalai, Tripura, Pin 799285, Age- 30
145. Shipra Das, D/O Sri Narayan Ch. Das, R/O Harerkhola, Kamalpur, Dhalai, Kamalpur Tripura, Pin 799285, Age- 31
146. Pampa Malakar, D/O Lt. Manik Malakar, R/O Noagaon, Kamalpur, Dhalai, Kamalpur Tripura, Pin 799285, Age- 26
147. Bijoy Krishna Malakar, S/O Sri Birendra Malakar, R/O Kachuchara, Chankap, Kachucherra, Dhalai, Tripura Pin 799286, Age- 29
148. Itu Das, D/O Lt. Parimal Das, R/O Kalachari, Garadtilla, Kamalpur, Dhalai, Tripura, Kamalpur, Pin 799285, Age- 28
149. Uttam Das, S/O Sri Nripendra Das, R/O No.2 Fulkumari, R.K. Pur, Gomati, Tripura, Pin 799013, Age- 29
150. Lipak Sarkar, S/O Sri Laxman Sarkar, R/O: Kalshimura, Kalamchura, Sepahijala, Pin 799102, Age- 26
151. Rabi Das, S/O Sri Nirmal Das, R/O Kamalasagar, Madhupur, Sepahijala, Tripura, Pin 799102, Age- 27
152. Binod Tripura, S/O Sri Parimal Tripura, R/O Fulchari, Manu Bazar, South Tripura, Pin 799143, Age- 36
153. Jiten Debbarma, S/O Sri Kartik Kumar Debbarma, R/O Rangmala, Bisramganj, Sepahijala, Pin 799102, Age- 27 [19]
154. Md. Dulal Miah, S/o-Lt. Woahed Ali, R/o-Boxonagar, P.S- Kalamcherra, Dist-Sepahijala, 799102, Age-30
---- The Petitioners Versus
1. The State of Tripura (To be represented by the Principal Secretary, Department of School Education, Government of Tripura), New Secretariat Building, New Capital Complex, Kunjaban, P.S-New Capital Complex, Agartala, West Tripura, Pin-799010
2. The Director, O/O the Directorate of Secondary Education, Govt. of Tripura, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
3. The Director, O/O the Directorate of Elementary Education, Govt. of Tripura, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
4. Teachers Recruitment Board, Tripura, Represented by it‟s Chairman, Shiksha Bhavan, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
5. The Controller of Examination, Teachers Recruitment Board, Tripura, Shiksha Bhavan, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
---The Respondents
WP(C) No.107 of 2022
1. Debjyoti Shome, Father‟s Name-Lt Sanjit Shome, Vill+P.O: Manu Bazar, Sabroom, Dist.-South Tripura, Age-26, Pin-799143
2. Abdul Sukkur, S/o-Lt. Harun Rasid, Vill-Kurti Rajnagar, P.O-Kurti, P.S-Kadamtala, District-North Tripura, Age-32, Pin-799261
3. Saikat Paul S/o-Asit Kumar Paul, Town-Agartala, P.O-Agartala, Pin-799001, Dist.-Sadar, Age-29
4. Joyanta Shil, S/o Badal Shil, Vill-Kalma, P.O-Muhuripur, District: South Tripura, Pin: 799142, Age:24
5. Sumit Kr. Saha, S/o Prabhas Ch. Saha, Vill-Murabari, West Laxmibill, P.O-Bishalgarh, District: Sepahijala, Pin: 799102, Age:38
6. Sourav Chakraborty, S/o Khitish Chakraborty, Vill-Mohanpur (Paschim Taranagar), P.O-Mohanpur, District: West Tripura, Pin: 799211, Age:22 [20]
7. Sujoy Sarkar, S/o Pankaj Sarkar, Vill-Ishan Chandra Nagar, P.O-Subhash Nagar, District: South Tripura, Pin: 799155, Age:22
8. Mita Pal (Debnath), D/o-Jogesh Chandra Pal, Vill-Thakurpalli, P.O-Sabroom, District: South Tripura, Pin: 799145, Age:37
9. Soma Majumder, D/o-Prabodh Ranjan Majumder, Vill-Ishan Chandra Nagar, P.O-Subhash Nagar, District: South Tripura, Pin: 799155, Age:23
10. Subrata Basu, S/o Lt. Amalendu Basu, Vill-South Bhuratali, P.O-Fulchari, District: South Tripura, Pin:799143, Age:31
11. Kabita Kar, D/O Samir Kar, Vill-Kalapania (Das Para), P.O-Satchand, District: South Tripura, Pin: 799143, Age:22
12. Amit Bhattacharjee, S/O Lt. Anil Bhattacharjee, Vill- Santinagar, P.O-Teliamura, District: Khowai Tripura, Pin: 799205, Age:37
13. Manidipa Roy, D/O Loknath Roy, Vill-Barjala, P.O-Barjala, District: West Tripura, Pin: 799002, Age:24
14. Babul Majumder, S/O Satya Ranjan Majumder, Vill-Durgapur, P.O-Rajnagar, District: South Tripura, Pin: 799150, Age:33
15. Nabanita Deb, D/O Lt. Subhash Chandra Deb, Vill-Dhuchikhola, P.O-Ichachara, District: Gomati Tripura, Pin: 799105, Age:28
16. Md. Rayhan, S/O Abdul Shukur, Vill-Mainama, P.O-Kulubari, District: Sepahijala, Pin: 799131, Age:24
17. Babita Begam, W/O Sentu Mia, Vill-Sonamura Chowmuhani, P.O-R.K. Pur, District: Gomati Tripura, Pin: 799120, Age:32
18. Subhajit Mahajan, S/O Swapan Mahajan, Vill-Haripur, P.O-Hrishyamukh, District: South Tripura, Pin: 799156, Age:23
19. Ikbal Hossain, S/O Abul Kasem, Vill-Ashabari, P.O- Boxanagar, District: Sepahijala, Pin: 799102, Age:22
20. Nirmal Debnath, [21]
S/O Phani Bhusan Debnath, Vill-Town Sonamura, Udaipur, P.O-R.K. Pur, District: Gomati Tripura, Pin: 799120, Age:33
21. Khokan Debnath, S/O Manindra Chandra Debnath, Vill-Satchand, P.O-Satchand, District: South Tripura, Pin: 799143, Age:34
22. Biswajit Das, S/O Srinibas Das, Vill-Kaiyadhepa, P.O-Kaiyadhepa, District: Sepahijala, Pin: 799102, Age:21
23. Rupak Das, S/O Haripada Das, Vill-Tuichindrai, P.O-Howaibari, District: Khowai Tripura, Pin: 799205, Age:21
24. Sipra Das, D/O Lt. Sunil Chandra Das, Vill-Chandrapur 1 No. Colony, P.O-Tripureswari Colony, District: Gomati Tripura, Pin:799013, Age:35
---- The Petitioners Versus
1. The State of Tripura (To be represented by the Principal Secretary, Department of School Education, Government of Tripura), New Secretariat Building, New Capital Complex, Kunjaban, P.S-New Capital Complex, Agartala, West Tripura, Pin-799010
2. The Director, O/O the Directorate of Secondary Education, Govt. of Tripura, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
3. The Director, O/O the Directorate of Elementary Education, Govt. of Tripura, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
4. Teachers Recruitment Board, Tripura, Represented by it‟s Chairman, Shiksha Bhavan, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
5. The Controller of Examination, Teachers Recruitment Board, Tripura, Shiksha Bhavan, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
---The Respondents
WP(C) No.151 of 2022
1. Tutan Debbarma, S/O-Goutam Debbarma, R/O-Vill-Surjya Mani Nagar, PO-Surjya Mani Nagar, Sekerkote, West Tripura, Pin-799130, Age-29 years.
2. Swapan Mallik, S/O-Fakir Chan Mallik, R/O- Mallik Para, [22]
PO-Sarma, Dhalai, Tripura, Pin-799284, Age-33 years.
3. Jakir Hossen, C/O-Irfan Miah, R/O-Narayanpur, ADC Village, Sarma, Dhalai, Pin-799284, Age-32 years.
4. Prasenjit Rudra Paul, S/O-Matilal Rudrapaul, Vill-Uttar Chebri, West Tripura, Pin-799207, Age-32 years.
5. Sujit Nama,, S/O-Niranjan Nama, R/O-Ramcherra, West Tripura, Pin-799102, Age-34 years.
6. Nitya Choudhury, C/O-Santosh Chandra Choudhury, R/O-Mallar Tila, Jashmura, Belonia, South Tripura, Pin-799155, Age-40 years.
---- The Petitioners
Versus
1. The State of Tripura (To be represented by the Principal Secretary, Department of School Education, Government of Tripura), New Secretariat Building, New Capital Complex, Kunjaban, P.S-New Capital Complex, Agartala, West Tripura, Pin-799010
2. The Director, O/O the Directorate of Secondary Education, Govt. of Tripura, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
3. The Director, O/O the Directorate of Elementary Education, Govt. of Tripura, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
4. Teachers Recruitment Board, Tripura, Represented by it‟s Chairman, Shiksha Bhavan, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
5. The Controller of Examination, Teachers Recruitment Board, Tripura, Shiksha Bhavan, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
---The Respondents
W.P(C) No.237 of 2022
1. Bijan Chakraborty, C/O-Biswajit Chakraborty, R/O-Dhajanagar, Near Don Boxe School, South Tripura, Tripura, Pin-799114, Age-41 years.
2. Supriya Muhuri, W/O-Sudip Kumar Bhaumik, R/O-Paschim Para, I.C.D.S. Center, PO-West Charak Bai, South Tripura, Tripura, Pin-799142, Age-36 years.
---- The Petitioners [23]
Versus
1. The State of Tripura (To be represented by the Principal Secretary, Department of School Education, Government of Tripura), New Secretariat Building, New Capital Complex, Kunjaban, P.S-New Capital Complex, Agartala, West Tripura, Pin-799010
2. The Director, O/O the Directorate of Secondary Education, Govt. of Tripura, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
3. The Director, O/O the Directorate of Elementary Education, Govt. of Tripura, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
4. Teachers Recruitment Board, Tripura, Represented by it‟s Chairman, Shiksha Bhavan, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
5. The Controller of Examination, Teachers Recruitment Board, Tripura, Shiksha Bhavan, Office Lane, Agartala, West Tripura, Agartala, Pin-799001
---The Respondents
W.P(C) No.526 of 2022
Ms. Susmita Saha(30 years) D/o-Sri Pijush Kanti Saha, Resident of Noapara, Krishna Kishore Nagar, Raghunathpur, P.S-Bishalgarh, Dist.-Sepahijala Tripura, Pin-799102.
---- Petitioner Versus
1. The State of Tripura Represented by the Secretary, to the Govt. of Tripura Department of Education (School), Agartala, P.O-Agartala, District-West Tripura, 799001
2. Teachers' Recruitment Board, Tripura Represented by Chairman „Siksha Bhawan‟, Office Lane, Agartala, Dist.-West Tripura, Pin-799001
3. The Controller of Examination Teachers‟ Recruitment Board, Tripura „Siksha Bhawan‟, Office Lane, Agartala, Dist.-West Tripura, Pin-799001
---Respondents.
[24]
W.P(C) No.603 of 2022
Sri Abhijit Majumder (28 years) S/o-Sri Haradhan Majumder, Resident of Vill.+P.O.-Betaga, P.S-Santirbazar, South Tripura, Pin-799144
---- Petitioner Versus
1. The State of Tripura Represented by the Secretary, to the Govt. of Tripura Department of Education (School), Agartala, P.O-Agartala, District-West Tripura, 799001
2. Teachers' Recruitment Board, Tripura Represented by Chairman „Siksha Bhawan‟, Office Lane, Agartala, Dist.-West Tripura, Pin-799001
3. The Controller of Examination Teachers‟ Recruitment Board, Tripura „Siksha Bhawan‟, Office Lane, Agartala, Dist.-West Tripura, Pin-799001
---Respondents.
For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate Mr. S. Bhattacharya, Advocate Mr. K. Nath, Advocate Mr. B.N. Majumder, Sr. Advocate Mr. D.J. Saha, Advocate Mr. S. Banik, Advocate Mr. S. Saha, Advocate Mrs. S. Deb (Gupta), Advocate
For Respondent(s) : Mr. D. Bhattacharya, GA Mr. S. Saha, Advocate Mr. P. Saha, Advocate
Date of hearing : 29.09.2022
Date of delivery of judgment & order : 08.02.2023
Whether fit for reporting : Yes [25]
HON'BLE MR JUSTICE ARINDAM LODH
JUDGMENT & ORDER
The above batch of writ petitions since involve common issues, as
such, with the consent of learned counsel appearing on behalf of the parties
to the lis, the same are decided by this common judgment.
Furthermore, having taken into consideration of the facts agitated in
these writ petitions, the averments as put forth in WP(C) No.27 of 2022
titled as Tumpa Roy & 47 Ors. vs State of Tripura & 2 Ors. which was taken
as the lead case on consent of the learned counsel appearing for the parties
are noted to decide the questions raised here and this Court deems it proper
to quote the prayer made in the said writ petition, as follows:
"(i) Admit this petition of the petitioners and call for records relevant to the subject matter from the custody of the respondents.
(ii) As to why writ in the nature of mandamus directing the respondents to re-evaluate the questions in the Tripura Teacher‟s Eligibility Test-2 (T- TET) 2021 paper-II, Social Studies question booklet series-A, B & C along with final answer keys relating to Tripura Teacher‟s Eligibility Test-2 (T- TET) 2021 paper-II, Social Studies question booklet series-A, B & C.
(iii) As to why writ in the nature of mandamus to constitute expert committee to determine the correctness of the questions and answers of Tripura Teacher‟s Eligibility Test-2 (T-TET) 2021 which are challenged by the petitioners.
(iv) As to why writ in the nature of mandamus directing to respondents after re-evaluation correct the result sheets and publish the result afresh.
AND [26]
(v) Pass such order or further order/orders and direction/directions as your Lordship deems fit and proper, having regard to the facts and circumstances of the case."
2. Shorn of unnecessary details the relevant facts are stated here-in-
below:
Teachers‟ Recruitment Board, Tripura, respondent no.2 issued notice
dated 10.02.2021 for taking Teachers‟ Eligibility Test (T-TET), 2021 in two
papers. Paper-I is for persons intending to be the teachers of Class I-V and
Paper-II for persons intending to be the teachers of Class VI-VIII. The
petitioners are the candidates intended to appear for Tripura Teachers‟
Eligibility Test (T-TET, for short) 2021, in Paper-II.
3. Respondent no.3 i.e. the Controller of Examinations notified a
syllabus in their website for the candidates. The petitioners appeared in the
examination held on 03.10.2021. At the time of examination, according to
the petitioners, some questions were found contradictory and some
questions were put, which were found to be out of syllabus.
On 04.10.2021, the petitioners requested the respondent no.3 to look
into the matter when they were informed that it would be resolved after
publication of tentative answer keys. On 09.10.2021, the respondent no.3
published the tentative key answers. After going through the tentative key
answers, the petitioners found that some answers were contradictory/wrong, [27]
which were challenged following the TRBT Rules by submitting Rs.500/-
for each question.
4. Accordingly, the respondent no.3 rectified few of those questions as
regards the questions the petitioners disputed. Thereafter, on 26.11.2021, the
respondent no.3 published final answer keys. On 02.12.2021, the respondent
no.3 issued corrigendum in respect of final answer keys. The respondent
no.3 awarded one mark each with respect to nine questions in three series,
but, according to the petitioners, some of the grievances regarding the
answer keys remained unnoticed/unresolved.
5. The petitioners challenged some of the final key answers before the
respondent no.3 including the questions which were challenged, but not
addressed. A few examples are as under:
(A) Question no.21 in question booklet series-A, question no.30 in
question booklet series-B and question no.10 in question booklet
series-C are same. The said question is quoted inter alia:
"Personalized System of Instruction (PSI) is also known as (A) Keller Play (B) Interplay (C) Cross-sectional play.
(D)None of the above."
[28]
In the tentative key answers the correct answer was declared as
option „A‟. But, at the time of publishing final key answers, the respondent
no.3 declared option „D‟ i.e. „None of the above‟ as the correct answer.
The petitioners having taken note of a book, namely Child
Development and Pedagogy written by Dr. Debasish Paul claimed option
„A‟ would be the correct answer, but, their claim was not considered.
(B) Question no.109 in question booklet series-A, question no.124
in question booklet series-B and question no.139 in question booklet
series-C are same. The said question is quoted inter alia:
"Ashoka had established relations with which of the following distant lands?
(A)China (B)Greece (C)Rome (D)None the above"
The respondent no.3 declared option „D‟ as the correct answer in the
tentative as well as final key answers, but, being taken reference to some
books, according to the petitioners, the correct answer would be option „B‟.
Similarly, the petitioners challenged the final answer keys at question no.99
in question booklet series-A, question no.114 in question booklet series-B
and question no.129 in question booklet series-C, question no.100 in
question booklet series-A, question no.72 in question booklet series-A,
question no.15 in question booklet series-A, question no.24 in question
booklet series-B and question no.4 in question booklet series-C, question [29]
no.1 in question booklet series-A and same question in question booklet
series-B and booklet series-C, etc.
6. Having found the grievances being not addressed, the petitioners
submitted several prayers to respondent no.3 for reviewing the aforesaid
questions along with the final key answers and also prayed to consider
awarding of marks to the candidates who did not secure the cut-off marks
due to incorrect questions or incorrect/contradictory answers.
7. It is pertinent to mention herein that the petitioners extracted the
questions they had challenged in separate sheets (Annexure-43 to the writ
petition).
8. The minimum qualifying marks for T-TET as mentioned in the
prospectus (Annexure-44 to the writ petition) is that a candidate who
secures 60% (90 out of 150) or more marks will be considered to have
passed. Relaxation up to 5% has been given to ST/SC/PH candidates.
9. I have heard Mr. P. Roy Barman, learned senior counsel assisted by
Mr. S. Bhattacharjee and Mr. K. Nath, learned counsel appearing for the
petitioners in WP(C) No.105 of 2022, WP(C) No.107 of 2022, WP(C)
No.151 of 2022 and WP(C) No.237 of 2022; Mr. B.N. Majumder, learned
senior counsel assisted by Mr. D.J. Saha, learned counsel appearing for the
petitioners in WP(C) No.104 of 2022; Mrs. S. Deb (Gupta), learned counsel [30]
appearing for the petitioners in WP(C) No.27 of 2022, WP(C) No.88 of
2022 and WP(C) No.526 of 2022; and Mr. S. Banik, learned counsel and
Mr. S. Saha, learned counsel appearing for the petitioner in WP(C) No.603
of 2022. Also heard Mr. D. Bhattacharya, learned GA assisted by Mr. P.
Saha and Mr. S. Saha, learned counsel appearing for the respondents-State.
During the course of hearing, this Court had an opportunity to have the
assistance of Mr. S.S. Dey, learned Advocate General appearing on behalf
of the respondents-State.
10. Learned counsel appearing on behalf of the petitioners persistently
contended that all the petitioners were very close to secure the cut-off marks
and they were unsuccessful in qualifying the T-TET Examination only
because of the fault of the respondents. According to learned counsels for
the petitioners, if the grievances of the petitioners would have addressed,
then, the petitioners could easily secure the cut-off marks necessary to
qualify the T-TET Examination, 2021.
11. Mr. Roy Barman, learned senior counsel urged this Court to pass a
direction asking the respondents to accept the correct answers as relied upon
by the petitioners on the basis of some books written by some renowned
authors on those particular subjects.
[31]
12. On the other hand, Mr. D. Bhattacharya, learned GA submitted that
the disputed questions raised by the petitioners were placed before the
Expert Committee and they ultimately finalized the final key answers.
According to learned GA, it was not possible for Teachers‟
Recruitment Board, Tripura to travel beyond the opinion of the Expert
Committee and to award marks as per the wishes of the candidates.
13. Learned GA further contended that the Teachers‟ Recruitment Board,
Tripura (for short, TRBT) declared the terms and conditions in the
Prospectus-Cum-Instructions where it was clarified that challenges on
tentative answer keys would be settled after taking the view of the experts
on the particular subject and TRBT had followed the declared terms and
conditions.
14. Para 27 of counter affidavit filed by the respondents may be
reproduced here-in-under, for convenience, in extenso:
"27. That, with regard to paragraphs-17 to 24 of the writ petition, I say that he mark obtained by the candidates is a matter of record. Teachers Recruitment Board, Tripura has followed the declared guidelines. All the challenges receiving by Teachers Recruitment Board, Tripura was placed before the subject expert. Based on the opinion of subject expert Teachers Recruitment Board, Tripura finalized the answer key. Result was prepared on the basis of final answer key. There is no iota of doubt that Teachers Recruitment Board, Tripura followed all the standard procedures. Thus, the claim by candidates is liable to be dismissed."
[32]
15. During the course of hearing, the respondents had filed the relevant
documents on the basis of which the Expert Committee had finalized the
final key answers in sealed covers. The petitioners also have placed extracts
of reference books on the basis of which they relied upon their claims. With
a view to brevity and clarity, it would be relevant to reproduce here-in-
below some opinions of the subject experts to show as to how the TRBT
had dealt with the challenges made by the petitioners/candidates to arrive at
its conclusion as regards the tentative and final key answers:
T-TET Paper-II : 2021
Question No. 144 (Question Booklet Series: A)
Correct Option Finalised by Subject Expert A
Source given by Subject Expert ভাজবফজ্ঞান বক্ষণ দ্ধবিয রূরযখা লরখক: ড: চৈিনয ভণ্ডর ৃষ্ঠা-১৮০
144. Specific to general‟ is principle of _____ method.
(A) inductive (B) deductive (C) heuristic (D) None of the above
144. „বফরল লেরক াধাযণ‟ এই নীবিটি র ______ দ্ধবি।
( A) আরযান
( B) অফরযান
( C) আবফষ্কাযক
( D) উরযয লকানটিই নয়
[33]
VIEWS OF SUBJECT EXPERT ON TENTATIVE ANSWER KEY CHALLENGED BY THE CANDIDATES T-TET 2021: PAPER-II
SUBJECT: Pedagogical Issues in Social Studies (Social Studies) Sl. QUESTION NUMBER TENTATIVE ANSWER CORRECT CORRECT REMARKS/ No. ANSWER SUGGESTED OPTION ANSWER REFERENCE(S) BY TRBT BY FINALISED IN FULL Booklet Booklet Booklet CANDIDATE BY SUBJECT series Series Series EXPERT A B C
06 144 99 114 A Out of A Inductive It is connected syllabus (আরযান) with „Trendo, B Principles and Organisations ‟ section of the syllabus Ref.-
ভাজবফজ্ঞান বক্ষণ দ্ধবিয রূরযখা ডঃ চৈিনয ভণ্ডর (ৃষ্ঠা
১৮০)/www.
wbnsou.ac.in /online/servic es/ Sln/Bed/Part-
III A4.Pdf(P.Tb, TT)
Full Signature of the Subject Expert with date:-Santanu Bhattacharya 18/11/2021
NAME OF SUBJECT EXPERT: Santanu Bhattacharya
Case: Tumpa Ray and others
SUBJECT EXPERTS VIEWS OF CHALLENGED TENTATIVE ANSWER T- TET 2021: PAPER-II SUBJECT: SOCIAL STUDIES
Question Nos. Tentative Answer Final Full Subject Expert‟s as per Booklet Answer Suggested Answer Answer as Remarks/References Series by TRBT by as per printed in candidates view of the the respective A B C Subject Question Expert Booklets 01 10 20 A D D None of the বক্ষা ভরনাবফদ্যা : ুীর যায় above (Chapter-21) [34]
Upkar‟s Child Development and Pedagogy(P-5) 02 11 21 B A/C/B/D B Schemas Upkar‟s Child Development and Pedagogy(P-13) 15 24 04 B D D None of the বশু ভনস্তত্ত্ব ও বক্ষা বফজ্ঞান :
ডঃ লদ্ফাব ার । যীিা above
াফবররকন (P-269) 21 30 10 A D/Keller D None of the https://en.mwikipedia.org Plan above 30 09 19 B Out of B Carl Jung Psychology: Text Book syllabus for Class XII NCERT (P-
37) 55 52 53 A Out of A /pleӡǝrǝbl/ The candidates are not syllabus asked to do the transcription: rather the transcription is already done for them. The are only asked to identify the correct English vowels and consonants sounds.
72 73 68 A A/B/C/D A বভত্রাক্ষয ছরে "ফাাংরা াবরিযয ম্পূণণ ইবিফৃত্ত"
অবিকুভায ফরেযাাধায় (ৃঃ ৪৮৭) 86 74 78 C A/C C জািযববভান স্বযবিয বনয়ভানুারয জাবি+অববভান=জািযববভান ূফণরদ্ ই/ঈ োকরর যরদ্ এই স্থরর " " (ম পরা) য়।
দ্রষ্টফযঃ আকারদ্বভ ফানান অববধান/াংদ্ ফাঙ্গারা অববধান।
99 114 129 B A/B/C B Malwa Badland Topography is Plateau predominant in Chambal valley, i.e. Malwa Plateau. In other places these are not prominent enough.
100 115 130 A A/C A Pandemic Here H1 N1 influenza of 2009 has been mentioned.
As already "influenza"
has been mentioned so flu is not the answer.
Moreover 2009 H1 N1 has been declared as pandemic by WHO.
[35]
101 116 131 C A/B/C C Chennai Automobiles industries can be found in other city apart from Chennai. But Chennai has much more, that is why Chennai is Known as "Automobile City".
109 124 139 D A/B/C D None of the Early India: A Common
above History by D.N. Jha P:95
126 141 96 B Out of B Opposition Not out of syllabus
syllabus party G.B. Adams:
Constitutional History of
England-P: 395
143 98 113 C B/C/D, D None of the It is connected with
Out of above "Trends, Principles and
syllabus Organisations" section of
the syllabus.
144 99 114 A B A Inductive It is connected with
Out of "Trends, Principles and
syllabus Organisations" section of
the syllabus.
ভাজবফজ্ঞান বক্ষণ দ্ধবিয
রূরযখা - ডঃ চৈিনয ভণ্ডর,
ৃঃ ১৮০
145 100 115 C A A The
Constitution
of India
16. I have perused the references relied upon by the petitioners as well as
by the TRBT based on the decision of the Expert Committee.
17. In reply to the arguments advanced by the learned GA, learned senior
counsel appearing for the petitioners sought to dispute the expert opinion on
those subjects and tried to persuade this Court that if two different books or
references have led two different answers as correct answer, then, in such a
situation, benefit should go in favour of the candidates.
[36]
18. This Court vide order 05.09.2022 directed the Secretary, Education
Department, Govt. of Tripura to form a Two-member Expert Committee to
deal with the grievances of the petitioners. Members of the Expert
Committee namely, Santanu Bhattacharya, Associate Professor, I.A.S.E.,
Kunjaban, Agartala and Dr. Rama Chowdhury, Associate Professor, BBM
College, Agartala submitted report on 26.09.2022. The entire report is
reproduced hereunder, in extenso, for convenience:
"Final Report of Expert Committee Subject: Report of the Expert Committee regarding "Out of Syllabus Questions, T-TET Examination", 2021.
Ref: No.F.25 (159)-Dee/LA/2022/2554 dated: 22/09/2022
Report: After careful observations and verification of necessary and related documents and also making discussions with Subject Experts related to the respective field, the findings of the appointed Expert Committee are stated hereunder-
T-TET, 2021 / Paper-I Area of Booklet Question Candidate's Subject View of Expert Subject Series No. Opinion Expert's Committee Opinion English A 38 Out of D(None of the Answer is D.
Language (I) Syllabus Above) Not out of
Syllabus
A 51 Out of B Answer is B.
Syllabus Not out of
Syllabus
A 55 Out of D Answer is D.
Syllabus Not out of
Syllabus
Bengali A 63 Out of D Answer is D.
Language (II) Syllabus Not out of
Syllabus
A 91 Out of C Answer is C.
Syllabus Not out of
Mathematics Syllabus
A 99 Out of A Answer is A.
Syllabus Not out of
Syllabus
[37]
A 104 Out of D Answer is D.
Syllabus Not out of
Syllabus
A 135 Out of A Answer is A.
Environmental Syllabus Not out of
Studies Syllabus
A 141 Out of A Answer is A.
Syllabus Not out of
Syllabus
Rama Choudhury Santanu Bhattacharya
26/09/22 26/09/2022
Continued to page No.2
Page No.2
T-TET, 2021 / Paper-II
Area of Booklet Question Candidate's Subject View of Expert
Subject Series No. Opinion Expert's Committee
Opinion
A 8 Out of A Answer is A.
Syllabus Not out of Syllabus
Child
Developmen A 22 Out of B Answer is B.
t and Syllabus Not out of Syllabus
Pedagogy
A 30 Out of B Answer is B.
Syllabus Not out of Syllabus
A 35 Out of D Answer is D.
Syllabus Not out of Syllabus
A 46 Out of D Answer is D.
English Syllabus Not out of Syllabus
Language
(I) A 52 Out of C Answer is C.
Syllabus Not out of Syllabus
A 53 Out of B Answer is B.
Syllabus Not out of Syllabus
A 55 Out of A Answer is A.
Syllabus Not out of Syllabus
A 95 Out of B Answer is B.
Syllabus Not out of Syllabus
Environmen
tal Studies A 102 Out of B Answer is B.
Syllabus Not out of Syllabus
[38]
A 121 Out of A Answer is A.
Syllabus Not out of Syllabus
A 126 Out of B Answer is B.
Syllabus Not out of Syllabus
A 143 Out of D Answer is D.
Syllabus Not out of Syllabus
A 144 Out of A Answer is A.
Syllabus Not out of Syllabus
All the above information is correct to the best of our knowledge and submitted accordingly.
Rama Choudhury Santanu Bhattacharya
26/09/22 26/09/2022
Dr.Rama Chowdhury Dr. Santanu Bhattacharya
Associate Professor Associate Professor
BBM College, Agartala I.A.S.E., Kunjaban, Agartala"
19. Now, having due regard to the arguments of learned counsel
appearing on behalf of their respective parties and having perused the
records, pleadings raised, and the reference books and the relevant materials
placed before this Court, the questions that have come up for consideration
are:
i) as to whether and to what extent the expert opinion can be
questioned and be scrutinized in exercise of extraordinary
jurisdiction of this Court under Article 226 of the Constitution;
and
ii) to what extent this Court can address the grievance of the
petitioners.
[39]
20. Insofar as the first question is concerned, the scope of interference by
way of judicial review, has already been settled by the Apex Court in the
case of U.P. Public Service Commission through its Chairman and Anr vs.
Rahul Singh and Anr., (2018) Vol 7 SCC 254, where dealing with the
similar and identical questions, the Apex Court in paras 9, 10, 11, 12 and 13
held that:
"9. In Kanpur University v. Samir Gupta [Kanpur University v. Samir Gupta, (1983) 4 SCC 309] , this Court was dealing with a case relating to the Combined Pre-Medical Test. Admittedly, the examination setter himself had provided the key answers and there were no committees to moderate or verify the correctness of the key answers provided by the examiner. This Court upheld the view of the Allahabad High Court that the students had proved that three of the key answers were wrong. The following observations of the Court are pertinent:
"16. ... We agree that the key answer should be assumed to be correct unless it is proved to be wrong and that it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation. It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well versed in the particular subject would regard as correct."
The Court gave further directions but we are concerned mainly with one that the State Government should devise a system for moderating the key answers furnished by the paper setters.
10. In Ran Vijay Singh v. State of U.P. [Ran Vijay Singh v. State of U.P., (2018) 2 SCC 357 : (2018) 1 SCC (L&S) 297] , this Court after referring to a catena of judicial pronouncements summarised the legal position in the following terms: (SCC pp. 368-69, para 30) [40]
"30. The law on the subject is therefore, quite clear and we only propose to highlight a few significant conclusions. They are:
30.1. If a statute, Rule or Regulation governing an examination permits the re-evaluation of an answer sheet or scrutiny of an answer sheet as a matter of right, then the authority conducting the examination may permit it;
30.2. If a statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of an answer sheet (as distinct from prohibiting it) then the court may permit re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a process of rationalisation" and only in rare or exceptional cases that a material error has been committed;
30.3. The court should not at all re-evaluate or scrutinise the answer sheets of a candidate--it has no expertise in the matter and academic matters are best left to academics;
30.4. The court should presume the correctness of the key answers and proceed on that assumption; and
30.5. In the event of a doubt, the benefit should go to the examination authority rather than to the candidate."
11. We may also refer to the following observations in paras 31 and 32 which show why the constitutional courts must exercise restraint in such matters: (Ran Vijay Singh case [Ran Vijay Singh v. State of U.P., (2018) 2 SCC 357 : (2018) 1 SCC (L&S) 297] , SCC p. 369)
"31. On our part we may add that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheet. If an error is committed by the examination authority, the complete body of candidates suffers. The entire examination process does not deserve to be derailed only because some candidates are disappointed or dissatisfied or perceive some injustice having been [41]
caused to them by an erroneous question or an erroneous answer. All candidates suffer equally, though some might suffer more but that cannot be helped since mathematical precision is not always possible. This Court has shown one way out of an impasse -- exclude the suspect or offending question.
32. It is rather unfortunate that despite several decisions of this Court, some of which have been discussed above, there is interference by the courts in the result of examinations. This places the examination authorities in an unenviable position where they are under scrutiny and not the candidates. Additionally, a massive and sometimes prolonged examination exercise concludes with an air of uncertainty. While there is no doubt that candidates put in a tremendous effort in preparing for an examination, it must not be forgotten that even the examination authorities put in equally great efforts to successfully conduct an examination. The enormity of the task might reveal some lapse at a later stage, but the court must consider the internal checks and balances put in place by the examination authorities before interfering with the efforts put in by the candidates who have successfully participated in the examination and the examination authorities. The present appeals are a classic example of the consequence of such interference where there is no finality to the result of the examinations even after a lapse of eight years. Apart from the examination authorities even the candidates are left wondering about the certainty or otherwise of the result of the examination--whether they have passed or not; whether their result will be approved or disapproved by the court; whether they will get admission in a college or university or not; and whether they will get recruited or not. This unsatisfactory situation does not work to anybody's advantage and such a state of uncertainty results in confusion being worse confounded. The overall and larger impact of all this is that public interest suffers."
12. The law is well settled that the onus is on the candidate to not only demonstrate that the key answer is incorrect but also that it is a glaring [42]
mistake which is totally apparent and no inferential process or reasoning is required to show that the key answer is wrong. The constitutional courts must exercise great restraint in such matters and should be reluctant to entertain a plea challenging the correctness of the key answers. In Kanpur University case [Kanpur University v. Samir Gupta, (1983) 4 SCC 309], the Court recommended a system of: (1) moderation;
(2) avoiding ambiguity in the questions; (3) prompt decisions be taken to exclude suspected questions and no marks be assigned to such questions.
13. As far as the present case is concerned, even before publishing the first list of key answers the Commission had got the key answers moderated by two Expert Committees. Thereafter, objections were invited and a 26-member Committee was constituted to verify the objections and after this exercise the Committee recommended that 5 questions be deleted and in 2 questions, key answers be changed. It can be presumed that these Committees consisted of experts in various subjects for which the examinees were tested. Judges cannot take on the role of experts in academic matters. Unless, the candidate demonstrates that the key answers are patently wrong on the face of it, the courts cannot enter into the academic field, weigh the pros and cons of the arguments given by both sides and then come to the conclusion as to which of the answers is better or more correct."
21. Thus, the law is well-settled that the onus is on the candidate to not
only demonstrate that the key answer is incorrect, but, also it is a glaring
mistake which is totally apparent and no inferential process or reasoning is
required to show that the key answer is wrong. The Constitutional Court
must exercise great restrain in such matters and should be reluctant to
entertain a plea challenging the correctness of the key answers.
[43]
22. It is clarified that a certain question or questions may carry an
answer, which may on the face of which appears to be correct and may be
in some of the text books or references that is indicated to be so, but,
ultimately, it is the paper-setting Committee and the Expert Committee
which have the advantage of having subject experts of various fields, if have
arrived on a conclusion that particular answer is correct answer, this Court
will refrain itself from holding it otherwise. For example, in the present
cases, in question no.38 of question booklet series-A, the candidates i.e. the
petitioners relying upon some of the text books have opined that said
question no.38 is „out of syllabus‟, but, subject experts opined that the
correct answer is „D‟ and it is „not out of syllabus‟.
23. Law also does not permit the Court to accept the contention of the
learned counsels appearing for the parties that when there are disputes as
regards the correct answers between the candidates and the subject expert,
then, benefits should be given to the candidates.
(emphasis supplied)
24. On perusal of the records produced by the respondents, it comes to
fore that TRBT had obtained subject experts‟ opinion in regard to all the
questions as questioned by the candidates, the petitioners herein in this
batch of writ petitions before the finalization of the key answers.
[44]
25. On consideration of the facts of the present cases, I find that the
expert opinion was taken and the subject expert had relied upon and
disclosed the source and materials on the basis of which TRBT formed its
opinion as regards to determine the answer keys. In this situation, in the
opinion of this Court, it would not be a sound and wise exercise of
jurisdiction for the Court to invoke its discretionary and extraordinary
powers under Article 226 of the Constitution of India to sit in appeal over
such expert opinion to find out any better or more correct answers ignoring
the views of the Expert Committee. The Court must not transgress an area
in which it has no expertise and where it has to act and take a decision only
with the aid of experts of the respective field/area, which this Court had
exactly done by way of referring the objections/claims as suggested by
learned counsels appearing for the petitioners directing the respondents to
appoint a Two-member Expert Committee for verification and submission of
reports before this Court.
(emphasis supplied)
26. In this batch of writ petitions, the petitioners have also challenged the
final key answers on the ground that the tentative/preliminary key answers,
according to them, were correct answers, which had been changed in the
final answer keys. Applying the law settled by Hon‟ble Supreme Court in
Kanpur University (supra) and Ran Vijay Singh (supra), I may unhesitantly [45]
make it clear that sympathy or compassion does not have any role and entire
examination process does not deserve to be derailed because some
candidates are disappointed or dissatisfied or perceived some injustice
having been caused to them by an erroneous question or an erroneous
answer.
27. Needless to say, to conduct a large scale examination is a very
difficult task and may reveal certain lapses, which cannot on the face of it be
termed as a deliberate one. In the present cases, subject experts had passed
their opinion in sealed cover, where they also disclosed the sources and
materials on the basis of which they came to the conclusion as regards the
correct and final key answers to the subject questions.
28. For the foregoing analysis of legal position on the subject and the
reasons thereof, this Court does not find any merit in these writ petitions and
both the questions as formulated by this Court at para 19 of this judgment
have been answered accordingly.
29. In sequel, these writ petitions are dismissed. However, there shall be
no order as to costs.
Pending application(s), if any, also stands disposed.
JUDGE
Snigdha
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