PARTHA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Questioning the validity of the judgment dtd. 3/10/2019 of the Division Bench of the High Court of Tripura commonly passed in a batch of writ petitions, two set of Civil Appeal Nos. 4426-4466 of 2023 and 4473-4479 of 2023 have been filed. The issue involved in these appeals relates to cancellation of the ongoing recruitment process of 'Enrolled Followers' midway on the pretext of a policy decision of the State Government.

(2.) The subject matter in dispute is appointment on the post of Enrolled Followers in Tripura State Rifles Battalions. In the State of Tripura, the recruitment of Enrolled Followers is governed by the Tripura State Rifles Act, 1983 (hereinafter referred to as "TSR Act") read with the Tripura State Rifles (Recruitment) Rules, 1984 (hereinafter referred to as "TSR Rules"). For the sake of convenience, some pertinent provisions of the TSR Act, which govern the recruitment of Enrolled Followers, are referred.

(3.) In furtherance of the power under Sec. 22 of TSR Act, State Government enacted TSR Rules, wherein Rule 3 talks about powers of State Government and certain officers, i.e., Inspector General, the Deputy Inspector-General and Commandant of Tripura State Rifles. Further, it confers powers on Inspector General, the Deputy Inspector-General and Commandant to supervise and control Tripura State Rifles. Rule 6 categorises Tripura State Rifles into ranks wherein Enrolled Followers are defined at serial no. xii as non-gazetted, class-IV. Rule 8 prescribes the method of appointment of the members of the Rifles and the appointing authority. The said rule is relevant,