LAWS(GAU)-2006-11-57

BIJAN ROY Vs. STATE OF TRIPURA

Decided On November 30, 2006
BIJAN ROY Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) THE writ petitioner has come before this Court to challenge the selection of respondent No. 4 to the post of Manager, Printing and Stationary Department, Government Press, Tripura and seeking a further direction for appointment of the petitioner to the said post. The said post of Manager is to be filled up on the basis of selection to be made by the Tripura Public Service Commission (hereinafter referred to as 'the TPSC') and the contention of the writ petitioner is that by virtue of holding the post of Superintendent in the same office, the writ petitioner was holding an appropriate post which makes him eligible for being considered for selection to the post of Manager.

(2.) IT has been contended that a recruitment process for the said post was initiated in the year 1986 and although the writ petitioner appeared in the selection held by the TPSC, the appointment did not fructify through the said process.

(3.) THEREAFTER, the TPSC brought out an advertisement on 15. 11. 97 (Annexure-1) seeking application from intending candidates for consideration to the post of Manager. In the advertisement, the post has been indicated to be one reserved for ST category candidates only. The petitioner being a person who belongs to general category, was naturally not entitled to apply in response to the aforesaid advertisement and it appears that in pursuance of the selection held an offer of appointment on 07. 11. 98 was made to the respondent No. 4 for the said post of Manager and the respondent No. 4 joined in the post of Manager following the said offer made to him. As has already been indicated, the selection and appointment of the respondent No. 4 is under challenge in the present writ petition.