LAWS(TRIP)-2014-6-13

MOUSUMI SARKAR, WEST TRIPURA Vs. STATE OF TRIPURA

Decided On June 11, 2014
Mousumi Sarkar, West Tripura Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) ALL the three cases are being disposed of by a common judgment since identical questions are involved.

(2.) BACKGROUND of the case, -

(3.) THIS Court held that the relaxation could not have been granted and the rules of the game could not have been changed after the selection process had started. This Court further held that the upper age limit in respect of Open category candidates was 45 years and in case of schedule caste, the upper age limit would be 50 years. With regard to candidates Sponsored by the State Government, this Court held that the upper age limit was 42 years and in case of schedule caste candidates by granting them relaxation as per the Act, the upper age limit would be 47 years. This Court also held that in view of the provisions contained in the information booklet, the candidates could not be permitted to change their category and if a candidate had applied in the Open category he could not be treated as Sponsored category candidate and vice -versa. We, in our judgment also held that Dr. Bidhan Bhowmik had applied as an Open category candidate belonging to the schedule caste and, therefore, he must be considered in that category only. Lastly, we had directed the State Government to redraw the merit by not permitting the candidates to change their category.