DIPAK DEBBARMA Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-1-25
HIGH COURT TRIPURA
Decided on January 31,2019

Dipak Debbarma Appellant
VERSUS
STATE OF TRIPURA Respondents


Referred Judgements :-

STATE OF UTTARANCHAL VS SHIV CHARAN SINGH BHANDARI [REFERRED TO]


JUDGEMENT

S.TALAPATRA,J. - (1.)Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. D. Sarma, learned Addl. GA appearing for the respondents No.1, 2, 3 and 5 and Mr. D. Sarkar, learned counsel appearing for the respondent No.4, hereinafter referred to as the private respondent.
(2.)The grievance of the petitioner is that he had appeared in the Madhyamik examination under the Tripura Board of Secondary Education in the year 1993 but he could not succeed in the said examination. However, on the basis of the said qualification, he was appointed as the Group-D employee under the respondent No.3 on regular basis w.e.f. 09.04.2001. Having been appointed, he has been rendering his service to the entire satisfaction of the competent authority. According to him, in the year 2010, he passed the secondary examination from Madurai Kamraj University on having obtained the due permission from the respondent No.3. The result of the said examination was published on 27.04.2010 as is evident from the marksheet issued by the Madurai-Kamraj University under No.013814, Annexure-2 to the writ petition. According to him, the respondent No.2 by the Memorandum No.F.2(317)-DHE/UDCA/2010/ Vol.II/1149 (103) dated 10.07.2013 had declared the cutoff date for acceptance of the educational certificate/ marksheet issued by the Madurai-Kamraj University for purpose of employment. Since the said notification was published on 02.04.2011, according to the petitioner, that would be the cutoff date for the above purpose.
(3.)The petitioner has further submitted that by a subsequent notification dated 15.11.2014, the aforestated cutoff date was extended till 10.07.2013. Both the notifications as referred above are available at Annexure-3 and Annexure-4 to the writ petition respectively. As the petitioner passed the secondary examination from the said university before the cut-off, he is eligible to be considered for the post of L. D. Clerk on the basis of the said qualification. But the petitioner was not so considered, even though the petitioner had apprised the competent authority of the same by a forwarding letter dated 11.06.2010, Annexure-7 to the writ petition.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.