Citation : 2025 Latest Caselaw 750 Tri
Judgement Date : 23 May, 2025
IN THE HIGH COURT OF TRIPURA
AGARTALA
W.P.(C) No.267 of 2025
Dr. Sandip Saha,
Son of Subhash Chandra Saha, resident of
Town Pratapgarh, Ramthakur Road, Near
Ramthakur Boys School, Agartala, West
Tripura
......... Petitioner(s)
-Versus-
1. Tripura Public Service Commission,
to be represented by the Secretary, TPSC,
Akhaura Road, Agartala, West Tripura,
PIN-799001
2. The Secretary,
Tripura Public Service Commission,
Akhaura Road, Agartala, West Tripura,
PIN-799001
3. The State of Tripura,
to be represented by the
Secretary/Commissioner, Department of
Youth & Sports Affairs, Government of
Tripura, New Secretariat Complex,
Khejurbagan, P.S. New Capital, Complex,
Agartala, District-West Tripura, PIN-
799010
4. The Director,
Department of Youth & Sports Affairs,
Government of Tripura, Siksha Bhavan,
Office Lane, Agartala, West Tripura, PIN-
799001
........ Respondent(s)
For the Petitioner (s) : Mr. P. Roy Barman, Sr. Adv.
Mr. S. Bhattacharjee, Adv.
For the Respondent (s) : Mr. R. Datta, Adv.
Mr. D. Sarma, Addl. GA
Date of hearing & delivery : 23.05.2025
of Judgment & order
YES NO
Whether fit for reporting :
Page 2 of 5
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (ORAL)
Heard Mr. P. Roy Barman, learned senior counsel
appearing for the petitioner as well as Mr. R. Datta, learned counsel
appearing for the respondent Nos.1 & 2 and Mr. D. Sarma, learned
Addl. G.A. appearing of the respondents Nos.3 & 4.
[2] The petitioner in pursuance to the advertisement vide
No.08 of 2024 dated 24.09.2024 of Tripura Public Service Commission
(for short- TPSC) has applied for the post of Assistant Professor (UR),
Regional College of Physical Education, Panisagar, North Tripura under
the Education (YAS) Department, Government of Tripura and he
submitted his candidature vide ID No.08/2024/0010. Thereafter, TPSC
vide notification dated 17.01.2025 published the list of candidates
along with their respective API score and the petitioner's API score
was shown to be 73 though according to him, his API score would be
86 inasmuch as on the count of his previous teaching experience, 10
marks were supposed to be added and for his certain awards received
by him further, 3 marks were also to be added. Thereafter, he sent
one representation dated 27.01.2025 ventilating such grievances and
requesting for further addition of 13 marks to his total API scores but
that was not responded and therefore, the present writ petition has
been filed.
[3] During hearing, Mr. Roy Barman, learned senior counsel
refers to the judgment dated 07.11.2022 passed by a Coordinate
Bench of this Court in W.P.(C) No.906 of 2022 and submits that on
earlier occasion also the present writ petitioner submitted his
application for selection to the post of an Assistant Professor (UR),
Regional College of Physical Education in Government Degree College
in response to the advertisement No.08 of 2022 dated 24.08.2022
published by the TPSC and there also, regarding his previous teaching
experience, 10 marks were not added in his API scores Thereafter, the
writ petition was filed and this Court after hearing the parties and
considering the materials on records, directed the TPSC to add 10
marks more in his API score. Mr. Roy Barman, learned senior counsel
submits that despite the direction issued by this Court in the said
previous writ petition, again similar mistake has been committed by
the TPSC authority by not adding said 10 marks and referring to
Annexure-13 of the present writ petition, learned senior counsel
submits that the petitioner was given one Educational Excellence
Awards for contribution to the Education Community on 22.04.2023
by one institution, namely, Kiteskraft Productions. Therefore, further 3
marks ought to have been added in his API score. Mr. Roy Barman,
learned senior counsel finally urges for necessary directions to be
issued to the TPSC for adding 13 marks in API score of the petitioner.
[4] Mr. Raju Datta, learned counsel appearing for the
respondents-TPSC placed a letter of instruction dated 22.05.2025 in
the record and submits that the scrutiny committee as formed in
connection with the present selection process is different than that of
the scrutiny committee as was formed in connection with the previous
advertisement No.08 of 2022. However, Mr. Datta, Ld. Counsel
submits that the TPSC, if so, directed by the court, is ready to add 10
marks more in the API score of the petitioner on the ground of his
previous teaching experience but the TPSC opposes the prayer for
adding further 3 marks in the API score of the petitioner on the
ground of that the petitioner does not possess any award of national
or international level given by any international organisation or by
Government of India or by any Institution recognised by Govt. of
India.
[5] Mr. Sarma, learned Addl. GA appearing for the State-
respondents submits that the State is a formal party in this case and
is no way involved in this matter.
[6] Due consideration is given to the submissions of both sides
and also on the materials placed before the Court. It is undisputed
fact that the matter of addition of 10 marks on the basis of the
previous experience of the petitioner was already decided by this
Court in W.P.(C) No.906 of 2022 with a direction to the TPSC for
adding 10 marks to the API score of the petitioner and therefore said
issue does not require further examination and deliberation. In view of
the previous decision of this Court, the TPSC is required to add 10
marks to the API score of the petitioner on the ground of his previous
teaching experience. So far the claim of the petitioner regarding
addition of further 3 marks in his API score on the ground of award
received by him is concerned; matter is left to the TPSC to examine
the same in accordance with the relevant rules and guidelines.
[7] In view of the above directions, this writ petition is partly
allowed. Direction is issued to the TPSC to add 10 marks more in the
API score of the petitioner on the count of his previous teaching
experience, in connection with the present advertisement No.08 of
2024. Simultaneously, the TPSC will also examine and take a
conscious decision within a week of receipt of copy of this order or
before the date of interview whichever is earlier, on the prayer of the
petitioner regarding addition of further 3 marks on the count of his
award, in accordance with the relevant rules and guidelines.
With the above said terms, the writ petition is disposed of.
Pending application(s), if any, also stand disposed of.
JUDGE
SUJAY GHOSH Digitally signed by SUJAY GHOSH Date: 2025.05.24 11:02:34 +05'30' Sujay
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