Tripura High Court
Sri Sujit Roy vs The State Of Tripura on 4 April, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WA 217 of 2022
1. Sri Sujit Roy
Son of Late Swapan Roy, resident of Kamalnagar, P.O.-Mohorcherra, P.S
Kalayanpur, District-Khowai Tripura.
2. Sri Malay Bhowmik
S/O- Sri Shimalendu Bikash Bhowmik, P.O & PS-Amtali, District-West
Tripura, Agartala.
3. Sri Koushik Malakar,
S.O- Sri Kanu Malakar, R/O-Vill- Bairagi Para, PO- Ishanpur, PS- Sidhai,
Agartala, West Tripura.
---Appellant(s)
Versus
1. The State of Tripura,
represented by the Secretary, Department of Panchayet,
Government of Tripura, having his office at Secretariat Complex,
P.O.-Secretariat Complex,
P.S. New Capital Complex, PIN-799010,
Agartala, West Tripura.
2. The Secretary,
Employment Services Manpower Planning,
Government of Tripura, having his office at Secretariat Complex,
P.O. Secretariat Complex,
P.S. New Capital Complex, PIN-799010, Agartala, West Tripura
3. The Secretary,
to the Government of Tripura,
Rural Development (Panchayet) Department,
Government of Tripura, having his office at Secretariat Complex,
P.O. Secretariat Complex,
P.S. New Capital Complex, PIN- 799010, Agartala, West Tripura.
4. The Secretary Cum Commissioner,
Finance Department, Government of Tripura,
having his office at Secretariat Complex,
P.O. Secretariat Complex, P.S. New Capital Complex,
PIN-799010, Agartala, West Tripura
5. The Director,
Panchayat Department, Government of Tripura,
Gorkhabasti, Pandit Nehru Complex, P.O. Kunjaban,
P.S. NCC, Agartala, West Tripura.
---Respondent(s)
For Appellant(s) : Mr. M. Saha, Advocate
For Respondent(s) : Mr. M. Debbarma, Addl G.A.
Date of hearing and
Delivery of Judgment & Order : 04.04.2024
Whether fit for reporting : No
HON'BLE MR. JUSTICE ARINDAM LODH
HON'BLE MR. JUSTICE S.D. PURKAYASTHA
Judgment and Order (Oral)
Heard Mr. M. Saha, learned counsel appearing for the appellants. Also
heard Mr. M. Debbarma, learned Addl. G.A appearing for the respondents-
State.
2. By means of filing the instant writ appeal the appellants have
challenged the impugned common Judgment & Order dated 20.07.2020,
passed by learned Single Judge of this Court in WP(C) No.1516 of 2017
whereby a bunch of writ petitions filed by the petitioners had been dismissed.
3. It is the case of the appellants that they applied for the post of
Rural Programme Manager(RPM) in pursuance of the Notice dated 04.10.2015
issued by the Department of Panchayet, Govt. of Tripura. By way of said
notice, the willing candidates having requisite qualifications were asked to
appear in the walk-in-interview on different dates at different examination
centres. The appellants participated in the walk-in-interview and it is alleged
that their names did not appear in the merit list prepared after the interview. It
is the grievance of the appellants that in the midst of selection process, the
selection criteria had been changed by the respondents in which the Interview
Board divided the Graduate candidates into two groups, i.e., Graduation with
pass and Graduation with honours. The candidates who are Graduate with pass
were given 14 marks and candidates who are Graduate with honours were
given 28 marks (14 marks extra). Consequence of which, though the appellants
are sufficiently qualified to get the selection, but they were not selected.
4. At the very outset, Mr. M. Debbarma, learned Addl. G.A for the
respondents-State has submitted that the present appeal is covered by the
judgment & order dated 23.05.2023 passed by a Division Bench of this Court
in W.A. No.216 of 2022 titled as Sri Sanjit Sil and Anr. Vs. The State of
Tripura and 7 Ors in which one of us (Arindam Lodh, J.) was a member
where the appeal preferred by the appellants had been dismissed.
4.1 This proposition has not been opposed by learned counsel
appearing for the appellants.
5. I have gone through the aforesaid judgment passed by the
Division Bench in Sri Sanjit Sil(supra). The relevant portion of the said
judgment may be reproduced here-in-below:
"11. On consideration of rival submission of the parties and the
grounds on which the impugned Judgment and Order has been
challenged, we are of the considered view that no infirmity can be
pointed out in the reasonings of the learned Writ Court so far as
it refused to interfere in the selection procedure on the instant
criteria of allocation of marks between Graduates with Pass
Course and Graduates with Honours subject. On facts, we find
that petitioners/appellants herein who have obtained less than
45% marks have been rightly allotted 14(fourteen) marks as per
the prescribed criteria. Since the petitioners had not secured
Honours in Graduation this distinction, in any case, is not going
to make good their case any further.
12. As such, the appeal, being devoid of merit, is
dismissed. Pending application(s), if any, also stands disposed
of."
6. Since the factual aspect of the present writ appeal is similar and
identical to the subject matter of the case of Sri Sanjit Sil(supra), the instant
writ appeal is also dismissed in the same terms as Sri Sanjit Sil(supra).
JUDGE JUDGE
Rohit
SAIKA Digitally signed
by SAIKAT KAR
T KAR
Date: 2024.04.09
16:20:37 +05'30'
