Tripura High Court
Dr. Sujit Debnath vs The Union Of India on 11 May, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.774/2021
Dr. Sujit Debnath, S/O. Sri Samarendra Debnath, R/O-Vill.-Gouripur, P.O.-
Fulbari, P.S.-Churaibari, District-North Tripura, Pin-799262, Aged about-34
years.
......... Petitioner(s).
VERSUS
1. The Union of India, Represented by its Secretary, Ministry of Education,
Department of Higher Education, 127-C, Shastri Bhavan, New Delhi-
110001.
2. Indian Council of Philosophical Research, Represented by its Member
Secretary, Darshan Bhavan, 36, Tughlakabad Institutional Area, Mehrouli,
Badarpur Road, New Delhi-110062.
3. The Director, Indian Council of Philosophical Research, Darshan Bhavan,
36, Tughlakabad, Institutional Area, Mehrouli, Badarpur Road, New Delhi-
110062.
4. The Interview Board Members, Represented by its Chairman, To be
served through the Respondent No.3 i.e, the Director, Indian Council of
Philosophical Research, Darshan Bhavan, 36, Tughlakabad Institutional
Area, Mehrouli, Badarpur Road, New Delhi-110062.
.........Respondent(s).
For Petitioner(s) : Mr. Arijit Bhaumik, Advocate,
Mr. S. Dey, Advocate.
For Respondent(s) : Mr. Bidyut Majumder, Dy. S.G.I.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
Date of hearing and judgment: 11th May, 2023.
Whether fit for reporting : NO.
JUDGMENT & ORDER(ORAL)
The order dated 10.05.2023 is extracted hereunder as it
contains not only the main prayer of the writ petitioner but also the latest
position as regards fresh advertisement to fill up the post of Director under
the Indian Council of Philosophical Research (ICPR, for short), Department
of Higher Education, Government of India:
"The writ petition was preferred with the following prayer:
"The Petitioner approaches this Hon'ble High Court by
filing a Writ Petition under Article 226 of the
Constitution of India seeking a Writ of Certiorari for
setting aside the letter vide Notification No.F.14-
16/2019/AF/ICPR dated 8th July, 2021 whereby the
Petitioner was informed that "no candidates found
suitable for the post of DIRECTOR (P&R)", the post
may be re-advertised. The Petitioner also seeks a Writ
of Mandamus directing the Respondents to appoint the
Petitioner in the post of Director (P & R), Indian
Council of Philosophical Research under the Ministry
of Education, Department of Higher Education,
Government of India. The Petitioner further raises
grievance regarding violation of right of the Petitioner
under Article 14 and 16 and the laws framed there
under by this Hon'ble Court and the Hon'ble Apex
Court. Hence, this Writ Petition."
Counter affidavit had been filed earlier. But on the
previous date, i.e. 26.04.2023 Mr. Bidyut Majumder, learned
Deputy S.G.I. appearing for the respondent-Union of India,
was asked to seek instructions whether the post of the Director
(P&R), ICPR has been re-advertised and filled up during
pendency of the writ petition or not. Learned Dy. S.G.I. states
on instructions today that the post has been re-advertised in
June, 2022 and the petitioner has also applied for.
In the face of such a factual position, it appears that the
grievances of the petitioner do not remain as one of his
prayers was to re-advertise where he can again participate.
However, on the request of learned counsel for the petitioner,
the matter is adjourned for tomorrow so that he can seek
instructions from the client.
Accordingly, list the matter tomorrow (11.05.2023)."
2. Mr. Arijit Bhaumik, learned counsel for the petitioner, on
instructions, submits today that though an advertisement has been issued
bearing No.01/2022 but thereunder applications have been invited for the
post of Director by direct recruitment/failing which by deputation and not of
Director (P&R), the post which was earlier advertised in 2020 but the
advertisement was cancelled by the letter dated 08.07.2021. Learned counsel
for the petitioner, however, also submits on instructions that the petitioner is
eligible and has applied for the post of Director notified vide Advertisement
No.01/2022 to be filled up through direct recruitment. However, he submits
that the respondents should have also re-advertised the post of Director
(P&R), ICPR which advertisement was withdrawn without any valid reason.
3. Mr. Bidyut Majumder, learned Deputy S.G.I., has submitted on
the basis of instructions contained in letter dated 01.05.2023 that the post of
Director (Planning & Research) was re-advertised in Employment News
vide Advt. No.01/2022 dated 4th to 10th June, 2022. The post is still vacant.
He also reiterates the statement made yesterday that the petitioner has also
applied for the post of Director under the instant Advertisement
No.01/2022. Learned Dy. S.G.I. submits that petitioner cannot insist for re-
advertisement of a particular post under the respondents as it is the
prerogative of the employer. However, if the petitioner has already applied
for the re-advertised post of Director, no subsisting cause of action remains
for adjudication.
4. I have considered the submissions of learned counsel for the
parties in the limited canvas of facts noted above. Since the post of Director
under ICPR has been re-advertised to be filled up through direct recruitment
and the petitioner has duly applied for that post, this Court is of the view
that the underlying grievance of the petitioner has been addressed. In such
circumstances, since filling up of a particular post or the decision not to fill
up a post by withdrawing the advertisement is basically within the domain
of the employer, this Court is not inclined to enter into the contentions
raised by the petitioner with regard to withdrawal of the previous
advertisement regarding filling up of the post of Director (P&R) vide letter
dated 08.07.2021.
5. Accordingly, the instant writ petition is disposed of.
Pending application(s), if any, also stands disposed of.
(APARESH KUMAR SINGH), CJ
Pulak
