LAWS(GAU)-2009-3-39

ANUPAM CHOWDHURY Vs. STATE OF TRIPURA

Decided On March 26, 2009
Anupam Chowdhury Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) HEARD Mr. Somik Deb, learned counsel appearing for the petitioner. Also heard Mr. P. Roy Barman, learned counsel representing the respondent No. 5 Mr. P. Datta appears for the respondent No. 2, the Secretary, Tripura Public Service Commission (herein referred to as T. P. S. C.) and Mr. D. C. Nath, learned Government Advocate represents the respondents 1, 3 and 4.

(2.) THOUGH this petition, the selection of the respondent No. 5 for the post of lecturer in Pharmacy (Pharmaceutics) is put to challenge by the petitioner. The selection has been made by the T. P. S. C. in pursuant to the advertisement issued on 01. 02. 2005 (Annexure-B ). The qualification prescribed for the post in question was "m. Pharma (Pharmaceutics)", failing which "m. Pharma" with one year teaching experience in "pharmaceutics", failing which "b. Pharma" with 3 years teaching experience in "pharmaceutics". It was also notified in paragraph 5 as instructions to the candidates in the advertisement that experience gained in full time employment after acquiring minimum academic qualification, would only be counted as experience, as the required qualification to offer a valid candidature. The last date for receipt of application was prescribed in the advertisement as 15. 03. 2005.

(3.) BEFORE that in the year 1993, the respondent No. 5 obtained diploma in the Pharmacy and was working as a pharmacist in the Regional Institute of Pharmaceutical Science and Technology (in short "ripsat") w. e. f. 1997 to September, 2008. While working as a pharmacist, the respondent No. 5 was engaged in the laboratory of RIPSAT and was also engaged for invigilation duties in the year 1998-1999 by the Principal of RIPSAT. But the respondent No. 5 was never appointed as a teacher and had no teaching experience either on full time or part time basis.