BISWAJIT CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In these two writ appeals, the appellants have challenged the judgment and order dated 5 .7.96 of the learned Single Judge dismissing Writ Petitions Nos. 322/92 and 276/92.

(2.) The facts briefly are that the Tripura Public Service Commission (for short the TPSC) issued Advertisement No. 14/88 dated 7.12.88, notifying therein that a Combined Competitive Examination will be held by the TPSC in March/April, 1989 for recruitment to 27 posts of Tripura Civil Service Grade-II and 10 posts of Tripura Police Service Grade-II. In the said advertisement No. 14/88, the closing date for receiving applications of candidates was indicated as 16th January, 1989. Pursuant to the said Advertisement the two appellants Amongst others applied. The appellants were called for written examination in which they qualified for the personality test and they appeared before the TPSC for the personality test. Thereafter, the TPSC in its letter dated 14th March, 1990 to the Chief Secretary to the Govt. of Tripura recommended the names of 28 candidates as suitable for appointment to the Tripura Civil Service Grade-11 and of 11 candidates as suitable for appointment to Tripura Police Service Grade-II. In the aforesaid list of 28 candidates for Tripura Civil Service Grade-II and 11 candidates for Tripura Police Service Grade-II recommended bv the TPSC, the names of the two appellants did not find place. The aforesaid 39 candidates (28+11) were appointed to Tripura Civil Service Grade-II and Tripura Police Service Grade-II. In the year 1991, certain vacancies arose in Tripura Police Service Grade-II and the Government requested the TPSC to send a list of 8 candidates for Tripura Police Service Grade- II from the panel prepared by the TPSC for Tripura Police Service Grade-II in 1990. The TPSC requested the Government for sending a proposal for extending the validity of the panel. The Government agreed to the extension of the validity of the panel for 3 months from 14.9.1991. The TPSC accordingly extended the validity of the panel for 3 months from 14.9.1991 and sent the names of 7 more candidates (5 General, 2 Scheduled castes) from the panel drawn up on 14.3.90. But the Government did not make the appointment to the said 8 vacancies in Tripura Police Service Grade-II and instead took a decision on 1.6.92 that as the panel had become too old and its validity period has expired, there is no necessity to act upon the said panel. In accordance with the said decision a fresh requisition was sent by the Government to the TPSC for advertisement to fill up 6 posts of Tripura Civil Service Grade-II and 11 posts of Tripura Police Service Grade-II in 1992. The appellants then filed writ petition Nos. 322/92 and 276/92 for inter alia directions on the State respondents to appoint the appellants in the posts of Tripura Civil Service Grade-II or Tripura Police Service Grade-II with retrospective effect in accordance with the selection and recommendation made by the TPSC. But by the impugned common judgment dated 8.7.96, the learned Single Judge dismissed the said writ petitions along with other writ petitions filed by other candidates. Aggrieved by the said judgment dated 8.7.96 of the learned Single Judge, the appellants have filed these Writ Appeals.

(3.) Dr. H.K. Bhattacharjee, learned counsel appearing for the appellant in Writ Appeal No. 54/96, submitted that it will be clear from the Advertisement No. 14/88 and in particular para-8 of the said Advertisement that the number of vacancies were subject to increase or decrease. Hence, the recruitment process initiated by the Advertisement was not just for the 37 advertised posts but for subsequent vacancies. He further submitted that after the 39 selected candidates recommended by the TPSC were appointed the Government requested the TPSC to send 8 more names, but the TPSC instead sent only 7 names. Dr. Bhattacharjee argued that if 8 names would have been sent by TPSC then the appellant of Writ Appeal No. 54/96 Shri Biswajit Choudhury who was in the 6th position in the panel of general candidate would have been included in the list of 8 names (7 General and 1 SC) sent by the TPSC to the Government. Dr. Bhattahcarjee, further argued that a direction should be issued to the TPSC to send the name of the appellant Sri Biswajit Choudhury and a direction be issued to the State Government to appoint Sri Biswajit Choudhury in a post of either Tripura Civil Service Grade-II or Tripura Police Service Grade-II.