DEBAPRIYA DATTA Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) THE writ petitioners are herein challenging the legality of the Advertisement, dated 15.04.2003 issued by the Registrar, Gauhati High Court, Agartala for recruitment of Judicial Officers Grade-III. In addition to that the petitioners are also challenging the legality and vires of Tripura Judicial Services (12th Amendment) Rules, 2003, as published in Tripura Gazette dated 18.08.2003, whereby Rules 6 and 8 of the Tripura Judicial Service Rules, 1974 have been amended with retrospective effect.

(2.) HEARD Mr. D.K. Biswas, learned counsel, appearing for the petitioners and Mr. S.M. Chakraborty, learned senior counsel, appearing for the respondent Nos. 1 and 2. We have also heard Mr. A. Ghosh, learned State counsel, appearing for the respondent No.3.

(3.) SRI D.K. Biswas, learned counsel for the petitioner submitted that in view of the Advertisement, the petitioners could not apply for their selection and they were deprived of their legal right to appear in the selection test. SRI Biswas also submitted that since the advertisement was de horse to the Service Rules, it should be struck down. The learned counsel for the writ petitioners has submitted that by the impugned advertisement the age of the law graduates for their selection to Grade-III officers was reduced to 35 years arbitrarily. It had been also provided in the advertisement that the law graduates need not have practice as advocate. As off-shot, it has been pointed out that prior to the Amendment, two sources of recruitment were not subject to eclipse under any circumstances. One source was recruitment by the High Court from the law graduates having three years' practice and the other source was recruitment of law graduates directly by the Tripura Public Service Commission. Now in case of failure by the latter, the former is authorized to recruit against those vacancies by the amended Rule 6 of the said Rules.