Tripura High Court
Tanay Chakma vs State Of Tripura on 6 March, 2018
Author: Ajay Rastogi
Bench: Ajay Rastogi
Page 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
S.B. WP(C) No. 262/2018
Tanay Chakma,
S/o Shri Chintamoy Chakma,
Vill., P.O. & P.S. Kanchanpur,
District- North Tripura.
----Petitioner(s)
Versus
1. State of Tripura,
represented by the Principal Secretary,
Department of Panchayat,
New Secretariat Complex,
P.S. & P.O. New Capital Complex,
Agartala, West Tripura.
2. Director, Department of Panchayat,
Government of Tripura,
Pandit Nehru Complex, Gurkhabasti,
Agartala, West Tripura.
---Respondent(s)
3. Md. Imdadur Rahman S/o Motiur Rahman, Village- Kubjar, Kailashahar, P.O. & P.S. Kailashahar, District- Unakoti.
4. Shri Litan Chakma, S/o Shri Laicha Chakma, resident of Prabin Chakma Para, P.O. Chellagang, Sub-Divn. Karbook, District- Gomati.
5. Shri Biswajit Mog, S/o Late Kajashi Mog, resident of Kajashi Mog Para(Barabil), P.O. & P.S. Shilacharri, Sub-Divn. Karbook, District- Gomati.
Page 2 of 66. Smt. Bijayanta Debbarma, D/o Shri Jiban Kumar Debbarma, resident of village- Ratiram Chowdhuri Para, P.O. Bachaibari, P.S. Khowai, Sub-Divn. Khowai, District- Khowai.
7. Shri Pritam Debbarma, S/o Shri Prithwish Debbarma, resident of Ratiram Chowdhuri Para, P.O. Khash Noagaon, P.S. Jirania, Sub-Divn. Jirania, District- West Tripura.
8. Shri Pratap Debbarma, S/o Shri Digendra Debbarma, Thakur Palli Road, P.O. Agartala, P.S. West Agartala, Sub-Divn. Sadar, District- West Tripura.
9. Shri Debdas Reang, S/o Shri Nidhiram Reang, resident of village and P.O. Gachiram Para, P.S. Kanchanpur, Sub-Divn. Kanchanpur, North Tripura.
10. Shri Santosh Chakma, S/o Shri Balaram Chakma, resident of village- Basbagan, P.O. & P.S. Kumarghat, Sub-Divn. Kumarghat, Unakoti.
11. Shri Birendra Debbarma, S/o Shri Mung Kurai Debbarma, resident of village Bir Mohan Chow. Para, P.O. Barkathal, P.S. Sidhai, Mohanpur, West Tripura.
Page 3 of 612. Shri Bandhan Tripura, S/o Shri Hen Chandra Tripura, Vill- Mairacherra, P.O. Bhuratali, P.S. Sabroom, Sub-Divn. Sabroom, District- South Tripura.
13. Shri Uttam Mog, S/o Shri Mongfru Mog, resident of Subhash Colony, P.O, P.S. & Sub-Divn. Santirbazar, South Tripura.
14. Shri Nilangamani Chakma, S/o Shri Laxmi Chandra Chakma, Village Leipeida Para, P.O. Lebacherramukh, P.S. & Sub-Divn. Amarpur, Gomati Tripura.
15. Shri Bir Kumar Reang, S/o Shri Pradip Kumar Reang, resident of Hachupara, P.O. AR Para, P.S. R.K. Pur, Sub-Division Udaipur, District- Gomati.
16. Smt. Gita Debbarma, D/o Shri Utpal Debbarma, Wandalong Bari, P.O. Ramdayal Bari, P.S. & Sub-Divn. Khowai, Tripura.
17. Shri Keshab Debbarma, S/o Shri Santosh Debbarma, resident of Maliamura Para, P.O. Ishanpur, P.S. Sidhai, Sub-Divn. Mohanpur, West Tripura.
Page 4 of 618. Shri Manimoy Debbarma, S/o Shri Uttam Debbarma, resident of Sukanta Palli, P.O. Abhoynagar, P.S. East Agartala, Sub-Divn. Sadar, West Tripura.
19. Shri Rakesh Debbarma, S/o Late Sridam Debbarma, resident of Mohan SardarPara, P.O. Khash Noagaon, P.S. Jirania, Sub-Divn. Jirania, West Tripura.
---Proforma Respondent(s) For Petitioner(s) : Mr. S. Bhattacharjee, Advocate.
For Respondent(s) : Mr. T.D. Majumder, G.A. HON'BLE THE CHIEF JUSTICE MR. AJAY RASTOGI Order 06/03/2018 The writ petitioner was very aspirant to be selected in the process which was initiated by the recruiting authority held for the post of Typist(Bengali).
2. The facts, in a nutshell, which may be relevant for the purpose are that the advertisement dt. 13-05-2015 came to be notified by the recruiting authority holding selection for the post of Typist(Bengali).
The petitioner was one of the candidate, who had participated in the Page 5 of 6 process but unfortunately could not qualify the bench mark of typing speed score of 25 and, accordingly, those who qualify the bench mark subject to the number of vacancies, the list of selected candidates came to be notified/published [Annexure-10].
3. It has been alleged that the petitioner was never informed of the typing speed score secured by him in the process of selection but under Right to Information, he was informed of his typing speed score 23, vide communication [Annexure-11].
4. The submission of the petitioner's counsel is that the process of selection adopted by the respondents in holding the type test needs to be interfered for the reason that it was held on 8th and 9th December, 2016 with the different script and the candidates appeared on different dates and few of them subsequently appeared in the type test and on a particular day, the type script may be easier and the candidates have scored better in the typing speed and this, according to him, the practice adopted by the respondents in the given circumstances was violative of Article 14 of the Constitution of India.
5. The submission is without substance for the reason that if there are large number of candidates who had participated/appeared in the type test, it is not possible to conduct the test on one single day and for all practical purposes, if the test has been conducted on different dates which was known to the candidates in advance including the petitioner indisputably the script has to be different and in the given circumstances what being submitted by the petitioner of a script being easier in a given point of time may be in his own personal perspective Page 6 of 6 but each of the candidate had appeared in the test held on 8 th and 9th December, 2016 indisputably those who had qualified the bench mark of typing speed score subject to the number of vacancies, the select list has been published by the respondents and a fair opportunity has been provided to all the participants including petitioner and there appears no error in the process adopted by the respondents which may call for interference and the practice adopted by the respondents cannot said to be in violation of Article 14 of the Constitution of India, as prayed for.
6. Consequently, the writ petition is devoid of merit and, accordingly, dismissed.
CHIEF JUSTICE Dipesh