MANIKA TALUKDAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D.C. Roy, learned counsel or the petitioner and Mr. U.B. Saha, earned senior Govt. Advocate assisted by Mrs. A.S. Lodh, learned counsel for the State respondents.

(2.) In this writ petition prayer has been made to promote the petitioner to the post of Additional Director, Department of School Education, Government of Tripura as per seniority, administrative experience and also in consideration of better educational qualification in comparison to respondent Mo.3 (the selected candidate). According to the petitioner, she was more qualified, experienced and senior in comparison to the respondent No.3. However, her entire service records, experience and performances were ignored by the Selection Committee and the Selection Committee mala fidely selected respondent No.3 to the Additional of Joint Director, Department of School Education, Government of Tripura, and even the averments made in the writ petition to that effect were not specifically denied by the State, therefore, the prayer has been made to summon the records and analyze the same afresh and to asses the suitability of the petitioner and other candidates for selection to the post of Additional Director. In support of his submission, learned counsel for the petitioner has referred and relied upon the following decisions of Supreme Court:

(3.) On the other hand Mr. U.S. Saha, learned senior Govt. Advocate for the State-respondents has submitted that through the counter-affidavit, the State Government in an Annexure-R/3 (letter dated 18.11.2000 issued by the Government and enclosed to the counter affidavit) has indicated method, criteria, qualification and recruitment rules for the post of Additional Director of School Education under Education Department to be made in consultation with 'The Tripura Public Service Commission' (in short called 'Commission') and that the post of Additional Director i.e. a 'selection post' was to be fulfilled by promotion failing which by direct recruitment. It has already been indicated in para 10 of the counter-affidavit that the Secretary of 'Commission' has advertised the post inviting application from the eligible candidates abd after fulfilling the procedural formalities and interview in inconsonance to the requirements of the 'Recruitment Rules', the post of Additional Director was to be fulfilled by promotion as there was no automatic promotion. A Committee consisting of five responsible officers convened a meeting on 26.07.04 and has considered the cases of all eligible candidates, including the petitioner, coming from feeder post of Joint Director of School Education/Joint Director of SCERT/District Education Officer/Principal, DIET enjoying the pay scale of Rs. 10,660-15,850/-and has made recommendation and with concurrence of the 'Commission', the Government of Tripura had issued appointment in favour of rhe respondent No.3.