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.
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