PRATIMA SARKAR Vs. STATE OF TRIPURA
LAWS(TRIP)-2022-3-15
HIGH COURT TRIPURA
Decided on March 22,2022

PRATIMA SARKAR Appellant
VERSUS
STATE OF TRIPURA Respondents




JUDGEMENT

Arindam Lodh, J. - (1.)Common question of law and facts is involved in all these writ petitions, filed under Article 226 of the Constitution of India and on the prayer of learned counsel of both sides, all the writ petitions were taken up together and were heard analogously and this common judgment shall govern all the cases. Since all the petitioners are full-blooded brothers and sister and the impugned orders in these writ petitions are related to cancellation of their caste status certificates followed by termination of their services, for the sake of convenience and for ends of justice, WP(C) No.461 of 2021 is taken up as lead case.
(2.)Heard Mr. Somik Deb, learned senior counsel, assisted by Mr. K. Debnath and Mr. Abir Baran, learned counsels appearing for the petitioners and Mr. Mangal Debbarma, learned Addl. G.A. appearing for the respondents.
(3.)By way of filing these writ petitions under Article 226 of the Constitution of India, the petitioners have sought for the following relief(s) [WP(C) No.461 of 2021]:
(i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a writ of Certeori and/or in the nature thereof, shall not be issued, quashing/setting aside the impugned Orders dtd. 19/10/2016, 29/11/2016 and 15/5/2021(Annexures-15, 16 and 23 respectively supra);

(ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, mandating/commending them, to forthwith revoke/rescind the impugned Orders dtd. 19/10/2016, 29/11/2016 and 15/5/2021 (Annexures-15, 16 and 23 respectively supra), and thereupon, forthwith restore the Scheduled Caste Certificate of the petitioner, and re-instate her in service, with all admissible consequential benefits;

(iii) Call for the records, appertaining to this writ petition;

(iv) After hearing the parties, be pleased to make the Rule absolute in terms of (i) and (ii) above;

(v) Costs of and incidental to this proceeding;

(vi) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper;"

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