LAWS(TRIP)-2023-9-18

BASANTI BANIK Vs. STATE OF TRIPURA

Decided On September 30, 2023
Basanti Banik Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) Heard Mr. Dipjyoti Paul, learned counsel for the petitioner and Mr. Karnajit De, learned Additional Government Advocate for the respondents-State.

(2.) Petitioner has assailed the reasoned order dtd. 28/11/2022 [Annexure-21] passed by the Controller of Examinations, Teachers' Recruitment Board Tripura ["TRBT', for short] after the matter was remitted by the learned Writ Court in WP(C) No.986/2022 vide order dtd. 22/11/2022 [Annexure-19]. The advertisement for Tripura Teachers' Eligibility Test (T-TET) 2021 notified by the TRBT, Education (School) Department, Government of Tripura [Annexure-1] is dtd. 10/2/2021. The cut-off date for finalization of application and payment of fees was 31/3/2021. The exam was held on 3/10/2021 and results were published on 22/12/2021. Petitioner made a request for 3(three) months time to produce the D.El.Ed. mark-sheet. The final results were published after verification of documents on 17/5/2022. Petitioner could not produce the results or mark-sheet of D.El.Ed. course, which is a two-year course, as it was published on 29/7/2022 only. Petitioner became ineligible and, therefore, could not be selected. Petitioner approached the Writ Court in the first round of litigation in WP(C) No.986/2022 which was disposed of by order dtd. 22/11/2022 [Annexure-19], inter alia directing the respondent-TRBT to consider the representation of the petitioner sympathetically, and with a humanitarian approach keeping in mind that it was not the fault of the petitioner that she could not produce the documents before the authority concerned at the time of verification of the necessary documents, which a candidate was supposed to be submitted. The respondent-TRBT was directed to dispose of the representation within 7(seven) days from the date of order. The impugned reasoned order has thereafter been passed on 28/11/2022. The reasoned order [Annexure-21] is extracted in extenso as it refers to the entire relevant details of the petitioner's case, the terms of the advertisement, the relevant dates on which the exams were held and the final results.

(3.) The moot question involved in the present case is whether the order of rejection suffers from any illegality in not considering the case of the petitioner as regards her eligibility in the T-TET 2021.