Tripura High Court
Bikash Roy vs National Aids Control Organization on 5 August, 2025
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HIGH COURT OF TRIPURA
AGARTALA
IA 01 of 2025
In WP(C) No.605 of 2024
Bikash Roy, S/o late Subhash Chandra Roy, Counsellor, Bhati
Abhoynagar, UPHC & UHTC, Health & Family Welfare Department,
Tripura State AIDS Control Society, P.O.-Agartala-799001, P.S-West
Agartala, District-West Tripura.
....Applicant(s)
Versus
1. National AIDS Control Organization, Ministry of Health &
Family Welfare, Government of India, 88, Janpath Road, HC Mathur
Lane, New Delhi-110001, represented by its Secretary to the
Government of India;
2. Tripura State AIDS Control Society, Health & Family Welfare
Department, Akhaura Road, opposite to IGM Hospital, P.O-Agartala-
799001, P.S.-West Agartala, District- West Tripura represented by its
Project Director;
3. The Project Director, Tripura State AIDS Control Society,
Akhaura Road, opposite to IGM Hospital, P.O-Agartala-799001, P.S.-
West Agartala, District- West Tripura;
4. The State of Tripura represented by its Secretary, Health &
Family Welfare Department, Government of Tripura, New Civil
Secretariat P.O.-New Capital Complex, District-West Tripura
5. Sri Mrinal Kanti Guha, son of Sri Mrityunjoy Guha, Assistant
Director (CSS & GIPA), Office of the Project Director, Tripura State
AIDS Control Society, opposite to IGM Hospital, P.O-Agartala-799001,
P.S.-West Agartala, District- West Tripura;
6. The Union of India, represented by its Secretary, Ministry of
Health & Family Welfare, Government of India, 9th Floor, Chandralok
Building, 36, Janpath Road, New Delhi-110001
....Respondent(s)
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For Applicant(s) : Mr. A.Sengupta, Advocate.
For Respondent(s) : Dy. S.G.I.
Mr. B.Majumder
Ms. Pinki Chakraborty, Advocate.
BEFORE
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
ORDER
05.08.2025 Heard Ld. Counsel Mr. A. Sengupta for the petitioner. The present petition for amendment has been submitted to incorporate certain facts in the pleading of the petitioner that the petitioner earlier submitted one application for obtaining Permanent Resident of Tripura Certificate (PRTC) with a certificate issued by a gazetted officer that petitioner is known to him for 10 years and also submitted PRTC of his wife and his marriage registration has also been recorded in 2019 and that since their marriage on 21.02.2019 they are residing in Tripura. Further fact that his wife is resident of Tripura since her birth has also been proposed to be incorporated in the writ petition by way of amendments. Based on above said facts Ld. Counsel Mr. Sengupta submits that these facts are necessary for incorporating in the writ petition to show that the petitioner is also eligible to get PRTC in his favour as per the guidelines dated 07.11.2014 issued by the State Government regarding issuance of PRTC.
Ld. Counsel Mr. Sengupta submits that the writ petition was filed as the candidature of the petitioner was not accepted in respect of an advertisement dated 08.08.2023 wherein the petitioner applied Page 3 of 4 for the post of Assistant Director (CSS & GI PA) and it was stipulated in the advertisement itself that the willing candidates having the Indian Nationality and permanent resident of Tripura would be eligible to apply for the said post. It is also the case of the petitioner that he is serving in AIDS control Society under the Health and Family Welfare Department from 2009 and therefore the department had its full knowledge that he was permanent resident of Tripura but despite the same his candidature was rejected.
Ld. Counsel Mr. Sengupta also refers to relevant portion of the advertisement wherein it was indicated that preference would be given to the candidates of Tripura having PRTC. According to Ld. Counsel, the petitioner now intends to show that he is also as per the guidelines issued by the State, entitled to get one PRTC certificate in his favour and already he has applied for the same. Therefore, all these necessary facts are required to be incorporated in the writ petition. In support of his contention Ld. Counsel Mr. Sengupta relies on a decision of the Honb'le Apex Court in case of State of M.P vs. Union of India and Anr. reported in 2011 Vol.12 SCC 268 wherein it was observed that Court has/had ample power to allow the application for amendment of plaint, however, it must be satisfied that same is required for the interest of justice and for the purpose of determination of real question in controversy between the parties.
Ld. Counsel Ms. Pinki Chakraborty opposes the prayer of the petitioner regarding the said amendment.
The Court has taken into consideration the submissions of both sides and also the materials placed in record. So far the issue Page 4 of 4 involved in the writ petition viz a viz the grievance of the petitioner is concerned, he applied for the post of Assistant Director, but despite he was a permanent resident of Tripura and was having essential qualifications and requirement for the said post, he was not called for the interview and therefore the writ petition has been filed to issue direction to the respondents to allow the petitioner to appear in the walk in interview for the said post. It is therefore manifestly clear that the challenge of the petitioner is that despite submission of sufficient particulars along with application form he was debarred from appearing in the walk in interview for the said post and therefore in such circumstances whether the petitioner is entitled to get the PRTC certificate in his favour or not, to be issued by the State Government is not an issue involved in the writ petition. The relief as claimed by the petitioner will mainly be adjudicatd on the basis of what he had submitted along with his application form.
This being the position, the proposed amendments as sought for by the petitioner will not in any way assist the Court in determining the real issue and therefore these facts are not much relevant for the said purpose. Considering thus, petition for amendment is rejected.
The IA stands disposed of.
JUDGE
Saikat Sarma
RUDRADEEP Digitally signed by RUDRADEEP
BANERJEE
BANERJEE Date: 2025.08.07 11:51:55 +05'30'