PARTHA SARATHI DUTTA Vs. TRIPURA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In the above two cases the facts are similar and the questions of law to be decided are same and, therefore, I propose to dispose of them by this common judgment.

(2.) Certain posts of lecturers in the Regional Institute of Pharmaceutical Science and Technology (for short RIPSAT ) for teaching Diploma Course fell vacant. The recruitment rules provide the educational and other qualification for direct recruits in Item No. 7 of the schedule (Annexure-4 to the writ petition). A person with B. Pharm. Degree and three years teaching experience is also eligible for the post if no candidate with M. Pharm. with two years teaching experience or M. Pharm. in the respective discipline are not available. The Tripura Public Service Commission (hereinafter referred to as the Commission ), the first respondent herein, published an advertisement on 1.2.2005 specifically providing that the experience in question must be gained in full time employment. But the recruitment rules do not specifically say that the experience must be in full time employment. As the two petitioners herein are part-time teachers in RIPSAT for more than three years with degree of B. Pharm., their applications for regular appointment to the posts of lecturers in the respective discipline were rejected by the first respondent only because the experience gathered by them were not in full time employment. The only question which this Court is called upon to decide is whether the prescription experience in full time employment is in conflict with the requirement of the rules and the same amounts to virtual amendment of the same with regard to the particular provision.

(3.) To examine the issue, the factual matrix may be briefly noticed first.