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Dr. Sandip Saha vs Tripura Public Service Commission
2025 Latest Caselaw 750 Tri

Citation : 2025 Latest Caselaw 750 Tri
Judgement Date : 23 May, 2025

Tripura High Court

Dr. Sandip Saha vs Tripura Public Service Commission on 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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