NIKHILESH DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. K. N. Bhattacharjee, learned senior counsel assisted by Mr. R. Debnath, learned counsel appearing for the petitioner. I have also heard Mr. S. Chakraborty, learned counsel for the respondent No. 1, Mr. S. Deb, learned senior counsel, assisted by Mr. Somik Deb and Mr. P. Dutta, learned counsels appearing for the respondent Nos. 2 and 3, and Mr. A. Ghosh, learned counsel appearing for the respondent Nos. 4 to 8.

(2.) THE petitioner filed this writ petition under Article 226 of the Constitution of India challenging the selection of respondent Nos. 4 to 8 for appointment to the post of Assistant Professor of Government Degree College for Commerce stream and their appointments as illegal, violative of the legal right of the petitioner and also prayed for directing the official respondents to appoint the petitioner to the post of Assistant Professor in Commerce stream.

(3.) THAT, the petitioner, a post graduate degree holder in Commerce, belongs to the Scheduled Caste community of Tripura and has also passed M. Phil. (Commerce) Examination in 1990 from Nagpur University. Pursuant to an advertisement bearing No. 8/2000 issued by the Secretary, Tripura Public Service Commission for filling up of 94 (ninety four) Group-B Gazetted Posts (Assistant Professor) under the Government of Tripura, the petitioner having possessed the essential educational qualification as per advertisement, applied for the post of Assistant Professor in Commerce stream. All the 94 (ninety four) advertised posts are reserved for the candidates belonging to Scheduled Tribe and Scheduled Caste of the State of Tripura at the ratio of 70 (seventy) posts for Scheduled Tribe candidates and 24 (twenty four) posts for Scheduled Caste candidates. However, a Note has been incorporated in the said advertisement indicating the procedure to be followed for filling up of the said vacant posts in case of non - availability of Scheduled Tribe and Scheduled Caste candidates. For proper appreciation of the procedure to be followed the Note is reproduced hereinbelow:-