Tripura High Court
Sri Mrityunjoy Das vs The State Of Tripura on 25 June, 2018
Author: Ajay Rastogi
Bench: Ajay Rastogi
Page 1 of 13
HIGH COURT OF TRIPURA
AGARTALA
W.P(C)No. 1051 /2017
Sri Mrityunjoy Das, S/o. Sri Arun Kumar Das of Badharghat Ward
No.24, P.S-A.D. Nagar, West Tripura, PIN-799003.
----Petitioner(s)
Versus
1. The State of Tripura, Represented by the Chief Secretary,
Government of Tripura, New Capital Complex, Agartala, West
Tripura-799010.
2. The Chief Secretary, Government of Tripura, New Capital
Complex, West Tripura, Agartala-799010.
3. The Principal Chief Conservator of Forest, Tripura, Office of
the Principal Chief Conservator of Forest, Aranya Bhavan, Pandit
Nehru Complex, Agartala, PIN-799001.
4. Sri Biplab Kanti Sarma, S/o-Benode Behari Sarma, Saret
Pally, Hospital Road, Dharmanagar, PIN-799259.
5. Sri Dipankar Laskar, S/o- Sri Sasanka Laskar, Vill-Ratan
Nagar, P.O-K. K. Nagar, Bishalgarh, PIN-799131
6. Smti. Babita Debnath, W/o-Sri Manish Debnath, Vill. & P.O-
Bishalgarh (Swasti Market), Bishalgarh, PIN-799102.
7. Sri Santanu Debbarma, S/o. Binod Debbarma, Krishnanagar,
Colonel Chowmuhani, Opp. Priya Bajaj, Agartala, West Tripura,
PIN-799001.
8. Sri Mintu Paul, S/o.- Sri Niranjan Paul, Vill & P.O-Fatikroy,
P.S-Kumarghat, PIN-799290.
9. Sri Prantosh Sen, S/o.-Lt. Kamal Krishna Sen, Vill & P.O-
Kamalasagar, Bishalgarh, PIN-799102.
10. Sri Chandan Dey, S/o. Ramjiban Dey, Vill.-Anandapara, P.S-
Sabroom, P.O-Sabroom, South Tripura, PIN-799145.
11. Smti. Antima Roy Chowdhury (Sen), W/o. Sujoy Sen,
Battala, 9-Ronaldsay Road, Aartala, West Tripura, PIN-799001.
12. Sri Rajesh Roy, S/o. Rabindra Ch. Roy, Vill-Santanagar, P.O-
Siddhi Ashram, P.S-Amtali, District-West Tripura, PIN-799003.
13. Sri Snehangshu Bhattacharjee, S/o. Sachindra
Bhattacharjee, Vill. + P.O-Yeazekhowra, Baburbazar, Kailashahar,
PIN-799281.
14. Smti. Rupali Dey, D/o.-Lt. Madhav Dey, Sujan Palli, Jaganath
Bari Road, Krishnanagar, Agartala, West Tripura, PIN-799001.
Page 2 of 13
15. Sri Nirmal Debnath, S/o. Hari Charan Debnath, Vill-Joynagar,
P.S-Jirania, P.O-Birendranagar, Jirania-799045.
16. Sri Billal Miah Podder, S/o. Yunnch Miah Podder, Vill.-Sona
Mura, P.O + P.S.-R. K. Pur, Udaipur-799114.
17. Smti. Anindita Bhattacharjee, D/oBiraj Kr. Bhattacharjee,
Vill.-Radhanagar (Near Radhamadhab Temple), P.O-Agartala,
District-West Tripura, PIN-799001.
18. Smti Sutapa Deb (Paul), W/o.-Jayanta Paul, Mantri Bari
Road, P.O.-Agartala, District-West Tripura, PIN-799001.
19. Smti. Chhanda Bhowmik (Debnath), W/o. Ranjit Debnath,
Vill.-South Mirjapur, P.O-Sarasshima, P.S-Belonia, Belonia, South
Tripura, PIN-799155.
20. Sri Joydeep Karmakar, S/o, Lt. Haradhan Karmakar, Vill.-
Jatanabari, P.O-Gumti Project, P.S- Nutanbazar, Sub-Division-
Karbook, Gomati, Tripura, PIN-799104.
21. Smti Priyanka Laskar, D/o. Paritosh Laskar, Joynagar,
Dashamighat, Agartala, West Tripura, PIN-799001.
22. Sri Rajesh Chakraborty, S/o. Sudhakar Chakraborty, ONGC,
Near UBI Badharghat Branch, South Badharghat, P.S-Amtali, P.O-
ONGC Colony, District-West Tripura, PIN-799014.
23. Sri Asim kumar Saha, S/o.- Rati Bhushan Saha, Vidhyasagar
Chowmuhani, Extn. Jogendranagar, Agartala, West Tripura-
799004.
24. Sri Tushar Kanti Das, S/o.-Makhan Lal Das, Rajarbag, R. K.
Pur, Udaipur, Gomati District, Tripura, PIN-799120.
25. Smti. Mamata Devi Jamatia, D/o.-Ganesh Kumar Jamatia,
Vill.-Tui har chung kami, P.O-Maharani, P.S-R. K. Pur, PIN-
799116, Udaipur, Gomati Tripura.
26. Shri Ashim Sarkar, S/o.-Bimal Chandra Sarkar, Vill-
Niharnagar, P.O-Anandapur, Belonia, South Tripura-799157.
27. Sri Bapi Debbarma, S/o. Pardsh Chandra Debbarma, Vill.-
Bhuban Chantai Para, P.O-Agendra Bazar, P.S-Ranir Bazaar, PIN-
799035.
28. Smti Nilima Das, W/o.-Biplab Das, Vill. + P.O-Kanchanbari,
P.S-Kumarghat, PIN-799288.
29. Sri Biswajit Malakar, S/o.-Lt. Kiran Chandra Malakar, Vill. +
P.O-Chandipur, Kailashahar, PIN-799277.
30. Sri Rupam Das Talukdar, S/o. Lt. Radhika Ran. Das
Talukdar, Vill. + P.O-Jalabasa, P.S + Sub - Panisarar,
PIN.799260.
Page 3 of 13
31. Smti. Sabita Sarkar, W/o-Gopal Sarkar, Vill-South Ghilatali,
P.O-Ghilatali, P.S-Kalyanpur, District-Khowai, PIN-799203.
32. Smti. Jhuma Sarkar, W/o. Jasulal Banik, Bardowali,
Milansangha, P.O-A.D. Nagar, Agartala, West Tripura, PIN-
799003.
33. Smti. Merun Chakma, D/o. Akshay Moni Chakma, Ujan
Abhoynagar, Near Bloodsun Club, Agartala, West Tripural-799005.
34. Sri Nirmal Debbarma, S/o. Kartik Chandra Debbarma, Vill-
Khutamaa Para, P.O-Birendra Nagar, P.S-Radhapur, Jirania, PIN-
799045.
35. Sri Sentu Debbarma, S/o-Chandra Mohan Debbarma, Vill.-
Ashram Kobra Para, P.O-North Maharanipur, P.S-Kalyanpur,
District-Khowai, PIN-799205.
36. Sri Alenjoy Reang, S/o. -Upendra Reang, Khidula Para (East
Duluma), Paharpur, Amarpur, Gomati Tripura-799101.
37. Sri Pranajit Debbarma, S/o. Shri Sushil Debbarma, Vill.-
Brahmakunda, P.O-Simna, P.S-Sidhai, District-West Tripura-
799212.
38. Sri Laki Debbarma, S/o. Raj Kumar Debbarma, Vill. + P.O-
Sonamani, Sipaipara, P.S-Ranirbazar, PIN-799035.
39. Sri Khiroy Debbarma, S/o. Lt. Ramesh Debbarma, Vill.
Sonamani Para, P.O- Jampuijala, Sepahijala, Tripura, PIN-799102.
40. Sri Swapan Debbarma, S/o. Sri Mahananda Debbarma, Vill.-
Bastalipara, P.O.- Rangmala, Bishalgarh, PIN-799102.
41. Sri Mrityunjoy Debbarma, S/o. Lt. Amulya Debbarma, Vill.-
Madhya Banamalipur (Near West Side of old Central Jail), P.O-
Agartala, West Tripura, PIN-799001.
42. Sri Amal Debbarma, S/o. Sri Bishu Debbarma, Vill.- Ujan
Fatikcherra, P.O + P.S-Lefunga, District-West Tripura, PIN-799211
43. Sri Shyamal Jamatia, S/o. Late Sadhan Basi Jamatia, 224,
Bagan Bari, Killa, P.O + P.S- Killa, Udaipur, Gomati Tripura, PIN-
799114.
44. Smti. Joysree Ghosh (Deb), W/o. Sri Jiban Kumar Deb,
Chandinamura, West Bhubanban, Agartala, West Tripura, PIN-
799001.
----Respondent(s) v
For Petitioner (s) : Mr. S. Mahajan, Advocate. For Respondent(s) : Mr. D. Sharma, Addl. Govt. Advocate.
Mr. S. M. Chakraborty, Sr. Advocate. Mr. B. Benerjee, Advocate.
Ms, M. Chakrabort, Advocate.
Page 4 of 13HON'BLE THE CHIEF JUSTICE MR. AJAY RASTOGI Order [ 25/6/2018 The instant petition has been filed by one of the individual person complaining the procedure which was followed by the respondents in which he had participated in the selection process held for the post of Lower Division Clerk in terms of Employment Notification dt.31st July, 2015.
2. The rules have been framed by the State Government in exercise of power conferred by proviso to Article 309 of the Constitution of India vide its notification dt.16th May, 2001 laying down the qualification for the post of LDC to which we are presently concerned, I considered it appropriate to quote the extract of the qualification prescribed by the rule making authority for the post of LDC annexed to the Schedule (Annexure-5) dt.16th May, 2001 is reproduced hereunder :
SCHEDULE
1. Name of post(s) : LDC/LDC(Accounts).
2. Number of post(s) : i) LDC = 142 posts
ii) LDC(Accounts) =03 posts 145 posts and additional post(s) as and when created.
3. Classification : Group - 'C'
4. Scale of pay : Rs.3300-100-1000-110-5900-120-7100/-
subject to revision by the Government from time to time.
5. Method of recruitments i) 80% by direct recruitment, and whether by direct recruits ii) 20% by promotion/failing which by or by promotion or by : direct recruitment.
deputation/transfer and
percentage of the
vacancies to be filled by
various methods.
6. Age limit for direct : 18 to 37 years. Upper age limit is
recruitment relaxable by 5(five) years in case of
SC/ST/PH candidates and Government
employees.
Page 5 of 13
7. Educational and other i) should have passed Madhyamik/H.S. or
qualification required for its equivalent examination.
direct recruitment. : ii) knowledge of Typing in English with
minimum speed of 30 (thirty) words per
minute in case of all categories of LDCs
and in case of Bengali Typist capability of typing at least 25(twenty five) words per minute.
iii) Having knowledge of operating Computer and Certificate from any recognized Computer Training Institute.
NOTE :-
i) Prescribed Type-Test should be conducted and the candidates must pass the same before they are appointed to the post of L.D. Clerk etc. through direct recruitment.
ii) ST/SC candidate shall be recruited, even if they do not initially qualify in the type test, and if they are otherwise qualified, shall be given a consolidated pay for a period of 6(six) months at the end of which they should be tested again in Typing and if they do not qualify even at the end of 6(six) months, they will continue to e employed in the consolidated pay till such time they qualify and shall not be entitled to any annual increment.
**************"
3. As per scheme of Rules, 2001 post of LDC is classified in Group-C (Non-Gazetted) to be filed 80% by direct recruitment and 20% by promotion/failing which by direct recruitment. We are presently concerned with the open selection against 80% of quota held/conducted by the respondents pursuant to the Notification dt.31st July, 2015.
4. The post of L.D.C came to be advertised under Forest Department, Government of Tripura vide its notification dt.31st July, 2015 holding selection for 42 vacancies out of which 21 posts are reserved for open category(unreserved).
5. The petitioner being eligible also participated for the post of LDC in the open category. To hold fair and transparent Page 6 of 13 process of selection the State Government issued general guidelines for employment to all the departments of the State Government for Group-C and Group-D posts to be filed by direct recruitment under its memorandum dt.12th January, 2015. We are presently concerned with Category-2 holding selection of candidates for Group-C posts other than persons with disabilities.
6. I considered it appropriate to quote the extract of the evaluation for merit prescribed by the rule making authority laying down the guidelines under its memorandum dt.12th January, 2015 which as informed to this court was followed by the respondents holding selection to the post with which we are concerned.
"Government of Tripura General Administration (Personnel & Training) Department No.F.23(8)-GA(P&T)/14. Dated 12th January, 2015.
MEMORANDUM Sub: General Employment Guidelines for all Departments of the State Government for selection of candidates by open interview for Group-C and Group-D posts to be filled up by direct recruitment.
***** ****** ******* ****** CATEGORY-2 - Selection of candidates for Group-C Posts other than Persons with Disabilities.
(i) 1(one) mark to be awarded to the candidates for each year since passing the examination (acquired minimum qualification) as prescribed for the post in the Recruitment Rules of that post or year(s) of waiting for job after passing the qualifying examination subject to a maximum of 20 marks.
(ii) Maximum marks to be allotted to evaluate Educational Qualifications :40 Marks.
(a) 30% - 44% Marks obtained in qualifying Exam. = 14 Marks.
(b) 45% - 59% Marks obtained in qualifying Exam. = 28 Marks.
(c) 60% and above Marks obtained in qualifying Exam. = 40 Marks.
(iii) Maximum marks to be allotted to evaluate General Knowledge
- 30 Marks.
(a) Knowledge on subject to be evaluate out of = 7 Marks.
(b) Intelligence to be evaluated out of = 8 Marks.
(c) Aptitude and interest on the field to be evaluated out of = 7 Marks.
(d) Sense of Social Commitment to be evaluated out of = 8 Marks.
(iv) Maximum marks to be allotted to evaluate in co-curricular field (Culture, Sports etc.) = 10 Marks.
**** ***** ***** "
Page 7 of 137. The petitioner being eligible had participated in the selection process held by the respondents pursuant to notification dt.31st July, 2015 and after his merit was evaluated under the guidelines published by the respondents dt.12th January, 2015 of which reference has been made, he secured 55 marks out of 100 and the last candidate in the open category secured 65 marks who was called upon to appear in the type test and the final merit list was to be prepared of the candidates who finally find place in the select list against the number of vacancies advertised.
8. It is not disputed that the last candidate was called for participating in the type test held by the respondents in reference to Employment Notification dt.31st July, 2015 secured 65 marks in the open category and there is not even a remote chance of the petitioner even to appear for type test which could make him eligible to fulfill his aspiration for his placement in the final select list to be considered for appointment.
9. At the outset, this Court may notice that the submissions made by the petitioner's counsel if taken on its face value still he has not been able to demonstrate that the petitioner's candidature even remotely would have been considered to appear in the type test on the basis of marks which he had secured in his first phase in terms of the guidelines dt.12th January, 2015.Page 8 of 13
10. The main thrust of submission of the petitioner's counsel is that the allocation of marks in category-2 in reference to the waiting for job after passing the qualifying examination and so also to evaluate educational qualification prescribed by the respondents under its impugned guidelines has no nexus with the object sought to be achieved and when the merit is the touchstone, the candidates who had participated in the process should not sacrifice to the raw marks which one has secured in her/her academic record must be acknowledged by the respondents and in the given facts and circumstances the qualifying marks secured by the candidates and evaluating of their educational qualification into three categories has no rational basis and deserves to be interfered by this court.
11. Counsel further submits that knowledge of operating computer and certificate from a recognized Computer Training Institute is one of the basic & essential qualification and majority of candidates who are finally selected are not holding certificate from recognized Computer Training Institute and such selections which has been made by the respondents to which a complaint has been made by the petitioner being not qualified, their selection and appointment deserves to be cancelled and in that consequence petitioner is under belief that he may fall under the consideration zone to appear in the written type test and to qualify in the final select list.Page 9 of 13
12. Counter affidavit has been filed by the State- respondents and also by the private respondents who have been selected and later appointed and working as a Lower Division Clerk in the Department of Forest.
13. Counsel for the respondents jointly submit that as regards the guidelines of which a reference has been made by the petitioner in the writ petition is of 11th of March, 2016 but these guidelines were never followed by the respondents in holding selection in reference to Employment Notification dt.31st July, 2015 and the selection was held keeping in mind the general guidelines dt.12th January, 2015.
14. Counsel further submits that only such of the candidates who qualify with their minimum qualifying standards prescribed by the Government under the guidelines dt.12.01.2015 alone have been finally selected and placed in the order of merit and in the absence of any fact and figures on record what being contended before the Court is completely vague and without any foundation.
15. Counsel further submits that to hold a fair and transparent process of selection guidelines dt.12.01.2015 has been framed by the Government and accordingly the selection process was held and has been rationally followed for the candidates who had participated pursuant to the Employment Notification dt.31st July, 2015 and it is not the case of petitioner that the standards of evaluation prescribed by the respondents in its memorandum dt.12th January, 2015 has either not been Page 10 of 13 followed strictly or the procedure prescribed has been deviated by the respondents/authority while making selection in reference to Employment Notification dt.31st July, 2015. In the given facts and circumstances the action of the respondents being in conformity with the guidelines dt.12th January, 2015 certainly has a rational basis having nexus with the object sought to be achieved and does not call for any interference of this court.
16. Counsel for the respondents further submits that once the petitioner had participated in the selection process without any demur and after finally found to be unsuccessful he cannot later question the selection process held by the State-respondents in terms of the guidelines dt.12th January, 2015.
17. I have heard ld. counsel for the parties and with their assistance perused the materials available on record. At the outset, it may be noticed that the petitioner had participated in the selection process in open category (unreserved) and secured 55 marks in the first round of selection process which was held in terms of Memorandum dt.12th January, 2015 and the last candidate in the open category who was called upon to appear in the written test secured 65 marks. In the given facts and circumstances there was not even a remote chance of the petitioner even if his submissions made has any substance to record still is unable to justify as to what he is going to gain in questioning the process which was adopted by the respondents holding selection in reference to the Employment Notification dt.31st July, 2015 when he is no more in the fray of consideration Page 11 of 13 to appear in the type test which is to be held of the candidates who qualify against the number of vacancies in respective categories of ST, SC, UR and PH.
18. The submission made by the petitioner's counsel in questioning Category-2, the selection of candidates held in reference to memorandum dt.12th January, 2015 at the outset is of no substance for the reason that to hold fair and transparent procedure marks have to be allocated in different heads acknowledging the period of waiting for job after passing the qualifying examination and evaluate the educational qualification of the qualifying examination to enrich and evaluate the knowledge & participation in co-curriculum field of the candidates allocating 20, 40, 30 & 10 marks in each category which is certainly based on a proper evaluation for a fair and transparent procedure which has been rationally followed without any discrimination to all the candidates who had participated in the process of selection and this court is of the considered view that the procedure prescribed by the respondents certainly have a nexus with the object sought to be achieved and needs no further interference from this court.
19. What being contended by the petitioner's counsel may have a different connotation but even if two views are possible in holding the selection process, what has been adopted by the respondents in evaluating the merit of the candidate based on marks secured in four different heads having a rational basis this court should always be reluctant to interfere and is not open for Page 12 of 13 the court to substitute its own view over the decision of the authority under the limited scope of judicial review u/Art. 226 of the Constitution and this court always has to keep in mind that it is the decision making process which is to be looked into and not the final evaluation and as far as the decision making process being rational based on relevant consideration calls for no interference.
20. The submission made in reference to the qualification of knowledge of operating computer and certificate from a recognized institution is concerned, either of the counsel has not been able to place before the court any list published by the respondents-State of a recognized computer training institute. In absence thereof, the candidates who have submitted their certificates and accepted by the Government has to be taken care of unless there is any material being placed on record in rebuttal. At the same time, the petitioner has not placed any prima facie material on record to justify a kind of a certificate being placed by individual candidate who had participated in the process of selection held by the respondents to the post of Lower Division Clerk and mere submission on the face value would not going to serve any purpose, more so, when all the candidates have submitted their respective qualifying certificates acceptable to the Government and in the absence of any list of recognized computer training institute was not open for the respondents to examine their certificates.Page 13 of 13
21. This court also finds substance in the submission made by the respondents that once the petitioner had participated in the selection process knowing fully well a procedure to be followed in holding the selection without any demur certainly he has no right to question the selection process. In either ground, I find no substance in the submission made by the petitioner's counsel.
22. Consequently, the instant writ petition is without substance and accordingly, dismissed. No costs.
CHIEF JUSTICE Certificate : All corrections made in the judgment/ order have been incorporated in the judgment/order. d. dey.