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2025 DAILYLAW 605 (TRI)

Sri Biswajit Debnath and Another v. The State of Tripura and 3 Others

WP(C)/128/2025 · 2025-03-18

Arindam Lodh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA WP(C) No.128 of 2025 1. Sri Biswajit Debnath, S/o: Sri Gopal Ch. Debnath, R/o: Vill & P.O.: Lowgang, Santirbazar, South Tripura. 2. Smt. Suparna Debroy, W/o: Partha Sarathi Ghosh, R/o: Krishnanagar, Kadamtali, Agartala, Tripura(W). ….Petitioner(s) Versus 1. The State of Tripura, to be represented by the Secretary, Department of Higher Education, Govt. of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura, PIN: 799010. 2. The Director, Department of Higher Education, Govt. of Tripura, Siksha Bhawan, Office Lane, Agartala, Tripura, 799001. 3. The Joint Director, Department of Higher Education, Govt. of Tripura, Siksha Bhawan, Office Lane, Agartala, Tripura, 799001. 4. Tripura Public Service Commission, to be represented by the Secretary, TPSC, Government of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura, PIN: 799010. ….Respondent(s) For the Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate Ms. A. Debbarma, Advocate For the Respondent(s) : Mr. Kohinoor N. Bhattacharyya, GA Mr. Raju Datta, Advocate HON’BLE MR. JUSTICE ARINDAM LODH Order 18/03/2025 Heard Mr. P. Roy Barman, learned senior counsel assisted by Ms. A. Debbarma, learned counsel appearing for the petitioners. Also heard Mr. Kohinoor N. Bhattacharyya, learned GA appearing for the respondents-State and Mr. Raju Datta, learned counsel appearing for the respondents-TPSC. By means of filing the present writ petition, the petitioners have prayed for a direction upon the respondents-TPSC to accept their applications for the post of Assistant Professor, Philosophy in terms of the Advertisement No.05/2025 after giving age relaxation. It is the case of the petitioners that they applied for the post of Assistant Professor, Philosophy in the year 2017 but that recruitment process was cancelled by TPSC itself in view of the Government policy under memorandum dated 20.08.2018. In the same memorandum, it is clearly stipulated that candidates who had participated in the cancelled recruitment processes, they are to be given one time relaxation in upper age limit to enable them to participate once in the fresh recruitment process subject to providing documentary evidence of their participation in the earlier recruitment process for the same post(s). It is not disputed that the petitioners applied for the same post in the earlier recruitment process initiated by the TPSC in the year 2017(Annexures-2 & 3 to the writ petition). It is also admitted position that after the advertisement published in the year 2017, the TPSC has floated Advertisement No.05/2025 on 30.01.2025 which includes the subject Philosophy to which both the petitioners are the aspiring candidates. Mr. Datta, learned counsel appearing for the respondents-TPSC has submitted that a direction may be passed upon the respondents-TPSC to accept the hard copy of the applications submitted by the petitioners since the Commission’s online application portal, which is managed by a third party vendor is not working properly. However, the TPSC may ensure that the petitioners and the other similarly situated candidates have sufficient time to submit their applications. A note prepared by Controller of Examinations, TPSC dated 18.03.2025 in this regard has been submitted by Mr. Datta, learned counsel appearing for the respondents-TPSC before this Court. A copy of this note is kept on record for future reference. From the said note it is clear that to ensure the process transparent, the TPSC extended time for submission of applications to be filed by the petitioners and other similarly situated persons till the portal is updated. The TPSC is directed to accept the hard copies of the applications the petitioners are intended to file with a condition that the petitioners shall also submit online application if the portal is made operational having provision to accept applications with age relaxation. The TPSC is also directed to accept the online applications after giving due age relaxation. Mr. Datta, learned counsel appearing for the respondents-TPSC has fairly placed a notification dated 07.03.2025 issued by the TPSC wherein the TPSC has granted relaxation to candidates applying for the post of Assistant Professor for the post of Philosophy. In view of this, the petitioners should also be allowed to submit their applications for the post of Assistant Professor, Philosophy. With the aforesaid observations and directions, the instant writ petition stands allowed and disposed. JUDGE Snigdha SANJAY GHOSH Digitally signed by SANJAY GHOSH Date: 2025.03.18 17:06:41 +05'30'