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2025 DAILYLAW 1027 (TRI)

Dr. Ramananda Ghosh Tarafdar v. The State of Tripura and Ors.

WA/62/2025 · 2025-07-22

Biswajit Palit, T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WA 62 of 2025 Dr. Ramananda Ghosh Tarafdar ………Appellant(s) Versus State of Tripura and others ………Respondent(s) For Appellant(s) : Mr. Arijit Bhaumik, Advocate Mr. Swarupam Saha, Advocate Mr. Uday Das, Advocate Ms. Ishpa Chakma, Advocate For Respondent(s) : Mr. Kohinoor N. Bhattacharya, G.A. Mr. M. Debbarma, Addl. G.A. Mr. Raju Datta, Advocate HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR JUSTICE BISWAJIT PALIT O R D E R 22.07.2025 [1] Heard Mr. Arijit Bhaumik, learned counsel appearing for the appellant. Also heard Mr. Raju Datta, learned counsel appearing for respondent-TPSC i.e. respondent No.4. Mr. M. Debbarma, learned Addl. G.A. is present on behalf of the State respondents. [2] The present appeal is filed under Chapter VIII, Rule B(A) of the High Court of Tripura Rules, 2023 read with Article 226 of the Constitution of India seeking the following reliefs: “i. Admit this appeal, ii. Issue notice upon the Respondents, iii. Call for the records, iv. And after hearing the parties be pleased to set aside the judgment and order dated 28.04.2025 passed in W.P.(C) No.139/2025 by the Ld. Single Judge of this Hon’ble High Court and issue direction upon the Respondents to accept the candidature of the appellant for the post of Asst. Professor in Zoology Subject against the Advertisement No.05/2025 issued by the Tripura Public Service Commission. AND In the interim, be pleased to stay further recruitment process vide Advertisement No.05/2025 for the post of Asst. Professor in zoology subject till disposal of the connected appeal…………..” [3] The case of the appellant in brief is that he registered his name in the online portal of Tripura Public Service Commission (for short TPSC) for the post of Asst. Professor, Zoology subject on 20.02.2025. The date of birth of the appellant is 01.03.1985 and as such, according to the appellant, on 25.02.2025 he was aged 39 years 11 months and 24 days. On 25.02.2025, the appellant applied for the post of Asst. Professor, Zoology Subject but the online portal of TPSC rejected the candidature of the appellant considering the age of the appellant as 40 years as on 07.03.2025. Being, aggrieved, the appellant approached this Court on earlier occasion by filing a writ petition being WP(C) No.139 of 2025 and the learned Single Judge by order dated 28th April, 2025 dismissed the said petition. Challenging the said order dated 28.04.2025, the appellant has filed the instant appeal seeking the above-noted reliefs. [4] It is submitted on behalf of the appellant that he made a representation before the concerned respondent on 03.03.2025 but, the same has not been considered. During the course of argument, learned counsel for the appellant draws the attention of this Court to a Notification vide No.F11(36-54)-Rectt./TPSC/2024 dated 10th March, 2025 issued by the Tripura Public Service Commission (for short TPSC) and he relied upon that Notification since it provides some age relaxation. It is also contended that the said notification was not filed alongwith the writ papers. [5] In view of the above submissions, since the Notification dated 10th March, 2025 was not filed alongwith the writ papers and the said notification indicates some kind of age relaxation and the representation which was made by the appellant on 03.03.2025 is also pending consideration, this Court finds that the matter needs re-examination. Accordingly, without going into the merits of the case, this writ appeal is disposed of directing the concerned respondent i.e. respondent No.4 (Secretary, TPSC) to consider the case of the appellant in the light of his representation dated 03.03.2025 and the aforesaid Notification dated 10th March, 2025 issued by the TPSC within 15(fifteen) days from today. The appellant is also at liberty to make any further representation alongwith all his relevant documents within 3(three) days from today, and in that case, on receipt of the same, the respondent No.4, i.e. the Secretary, TPSC shall decide the case of the appellant within 15 days from the date of such receipt. [6] With the above observations and directions, the present writ appeal is disposed of. As a sequel, miscellaneous application(s) pending, if any, shall also stand closed. Biswajit Palit, J. Dr. T. Amarnath Goud, J. Sabyasachi. G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.07.23 15:53:58 +05'30'