PRASENJIT ROY Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-9-25
HIGH COURT TRIPURA
Decided on September 04,2019

Prasenjit Roy Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

S.Talapatra,J. - (1.)The petitioner has prayed for the following reliefs:
"(i) Issue Notice upon the Respondents.

(ii) Call for the records;

(iii) Issue Rule calling upon the Respondents to show cause as to why clause 7(a)(ii) of the schedule to the Recruitment Rules for the post of Asst. Headmaster/Asst. Headmistress in the Higher Secondary Schools (Annexure -2) shall not be declared as unconstitutional and violative of Article 14 and 16 of the Constitution of India and liable to be set aside and quashed.

And

Issue rule calling upon the Respondents to show cause as to why the advertisement No. 01/2014 dated 31.12.2013 so far as it pertains to notifying the post of Asst. Headmaster and Asst. Headmistress in the Higher Secondary School and the consequential selection process to the said posts are liable to be set aside and quashed.

AND

Issue rule calling upon the Respondents to show cause as to why the notification dated 18.05.2015 whereby the candidates have been recommended for appointment to the post of Asstt. Headmaster/Asstt. Headmistress in the Higher Secondary School and the consequential appointment shall not be set aside and quashed.

(iv) And after hearing the parties be pleased to make the rule absolute."

(2.)After the matter was heard for some time, Mr. Arijit Bhowmik, learned counsel appearing for the writ petitioner, fairly stated that the writ petitioner(s) would first approach the respondent-State, highlighting their grievances both with regard to the framing of rules as also their non-consideration of appointment through the selection process already undertaken. It is argued that writ petitioner(s) are better qualified, more meritorious and deserve to be appointed. He further states that all this shall be highlighted in the representation to be made to the State. Therefore, permission to withdraw the present petition reserving liberty to the writ petitioner to approach the competent authority for redressal of their grievances is sought.
(3.)He further states that the writ petitioner(s) shall be content if a direction is issued to the appropriate authority to consider and decide their representation expeditiously in accordance with law.
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