SAMIR SARKAR Vs. STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) Heard Mr. PR. Barman, learned Counsel representing the writ petitioner. Also heard Mr. S. Deb, learned senior Counsel assisted by Mr. P. Dutta, learned Counsel appearing for the respondents-Tripura Public Service Commission, Mr. N.C. Pal, learned Govt. Advocate for the State respondents and Mr. S. Talapatra, learned senior counsel for the respondent No. 5.

(2.) By this writ petition, the petitioner has sought for a direction for quashing/canceling the recommendation/selection of the Tripura Public Service Commission (for short TPSC) vide Notice No. F. 66(1)-TPSC/94(P-3) dated 22.09.07 issued by the Secretary, TPSC, the respondent No. 2 herein, whereby names of four selected candidates were recommended including the name of respondent No. 5 for appointment to the post of Assistant Professor in Political Science, Group-B Gazetted in the Institution of Advance Studies in Education (for short IASE) under the Directorate of Higher Education relating to Item No. 2 of the TPSC Advertisement No. 04/07. The name of the respondent No. 5 was shown at Sl. No. 4 of the list recommended.

(3.) The short facts of the case are that the petitioner initially served as part time contract teacher in the Department of Political Science of Ramthakur College, Agartala with effect from 02.01.1999 to 22.09.2003 and as Assistant Professor in Political Science in IASE with effect from 28.02.04 to 23.04.07. On 01.08.07, he joined as Post Graduate Teacher in Political Science under the Directorate ofHigher Education, Government of Tripura. As such, he submitted an application for the post of Assistant Professor in Political Science, Group-B, as per Item No. 2, in response to the Advertisement No. 04/07 issued by the Secretary, TPSC and as per call letter dated 08.08.07 issued by the Deputy Secretary, TPSC, appeared in interview on 28.08.07 and thereafter, in order of merit on the basis of marks obtained by the candidates in the interview, the TPSC recommended the names of four selected candidates for appointment to the post of Assistant Professors, Group-B, Gazetted in different subjects in IASE under the Higher Education Department, Government of Tripura and in Sl. No. 4 of the said selection list, the name of Sri Ratan Kumar Das, the respondent No. 5 herein, was recommended for the post of Assistant Professor in Political Science vide letter dated 22.09.07. Having found that the petitioner was not selected/recommended for the said post, he sought for information in 21 different heads regarding the selection process under the Right to Information Act, 2005 (in short RTI Act), whereupon the State Public Information Officer, Public Information Cell, TPSC vide letter dated 22.05.07 furnished the petitioner with one information that in the interview for the post of Assistant Professor in Political Science, the petitioner obtained 69 marks. Having learnt that the respondent No. 5 got 64 marks and was recommended, he prayed to the respondents-TPSC that his name should be recommended instead of respondent No. 5 he having secured higher marks than the respondent No. 5, but the respondents-TPSC did not accede to the request of the petitioner on the ground that the intimation Form No. 3 under RTI Act, 2005 has been issued wrongly giving wrong information about marks obtained by him as he obtained 63 marks only while he was informed by the State Public Information Officer that he secured 69 marks in the interview.