SAMUDRA DEBBARMA Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-5-10
HIGH COURT TRIPURA
Decided on May 14,2019

Samudra Debbarma Appellant
VERSUS
STATE OF TRIPURA Respondents


Referred Judgements :-

B.S. YADAV V. STATE OF HARYANA [REFERRED TO]
T.N. COMPUTER SCIENCE BED. GRADUATE TEACHERS WELFARE SOCIETY(1) V. HIGHER SECONDARY SCHOOL COMPUTER TEACHERS ASSOCIATION [REFERRED TO]
B N NAGARAJAN LINGAPPA VEERAPPA SHINDAL VS. STATE OF MYSORES:STATE OF MYSORES [REFERRED TO]
SANT RAM SHARMA VS. STATE OF RAJASTHAN [REFERRED TO]
RAMCHANDRA SHANKAR DEODHAP VS. STATE OF MAHARASHTRA [REFERRED TO]
E P ROYAPPA VS. STATE OF TAMIL NADU [REFERRED TO]
P K RAMACHANDRA IYER DR Y P GUPTA DR T S RAMAN OM PRAKASH KHAUDHURI VS. UNION OF INDIA [REFERRED TO]
UMESH CHANDRA SHUKLA K S MOHI JAIPAL SINGH MALIK RAJ KUMAR JAIN SURAJ BHAN RAKESH GARG A K CHATURVEDI VS. UNION OF INDIA :UNION OF INDIA :ADMINISTRATOR LT GOVERNOR OF DELHI :UNION OF INDIA:ADMINISTRATOR UNION TERRITORY OF DELHI [REFERRED TO]
DURGACHARAN MISRA VS. STATE OF ORISSA [REFERRED TO]
UNION OF INDIA VS. SOMASUNDARAM VISWANATH [REFERRED TO]
PALURU RAMKRISHNAIAH R D DEGAONKAR AND VS. UNION OF INDIA [REFERRED TO]
P MAHENDRAN MALTEESH Y ANNIGERI VS. STATE OF KARNATAKA [REFERRED TO]
KUMARI SHRILEKHA VIDYARTHI VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF RAJASTHAN VS. R DAYAL [REFERRED TO]
GOPAL KRUSHNA RATH VS. M A A BAIG [REFERRED TO]
P MOHANAN PILLAI VS. STATE OF KERALA [REFERRED TO]
A MANOHARAN VS. UNION OF INDIA [REFERRED TO]
K MANJUSREE VS. STATE OF A P [REFERRED TO]
HEMANI MALHOTRA VS. HIGH COURT OF DELHI [REFERRED TO]
RAMESH KUMAR VS. HIGH COURT OF DELHI [REFERRED TO]
STATE OF BIHAR VS. MITHILESH KUMAR [REFERRED TO]
TEJ PRAKASH PATHAK VS. RAJASTHAN HIGH COURT [REFERRED TO]
ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION VS. TAGE HABUNG [REFERRED TO]
BISHNU BISWAS VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

S.TALAPATRA,J. - (1.)The Royal Commission, popularly called "The Lee Commission" (1924) on superior services in India, observed:
"Wherever democratic institutions exists experience has shown that to secure an efficient civil service it is essential to protect it as far as possible from political or personal influences and give it that position of stability and security which is vital to its successful working as the impartial and efficient instrument by which Governments, of whatever political complexion may give effect to their policies. In countries where this principle has been neglected, where the "spoil system" has taken its place, an inefficient and deorganized civil service has been the inevitable result and the corruption has been rampant." [quoted in The Framing of India's Constitution - A Study, B. Shiva Rao, pp. 427-725]

(2.)In this writ petition, the petitioner has challenged the memorandum bearing No.F.20(1)-GA(P&T)/18 dated 20.08.2018 issued by the General Administration (Personnel and Training) Department, Government of Tripura (Annexure-7 to the writ petition) whereby the selection process in the State Civil/Police Services has been cancelled. The petitioner has, as well, urged this court to declare that the new recruitment policy as published under the notification bearing No.F.20(1)-GA(P&T)/18 dated 05.06.2018 issued by the General Administration (Personnel & Training) Department, Government of Tripura (Annexure-6 to the writ petition) cannot have any manner of bearing over the process of recruitment in TCS Grade-II and TPS Grade- II as initiated by the advertisement No.04/2016 dated 30.04.2016 (Annexure-1 to the writ petition). Further it has been urged to direct the respondents to complete the process of recruitment in TCS Grade- II/TPS Grade-II within a time frame as would be laid by this court.
(3.)Tripura Public Service Commission (in short "TPSC") by the said advertisement No.04/2016 dated 30.04.2016 had invited applications for selection of candidates for recruitment to the TCS Grade-II and TPS Grade-II, Group-A Gazetted by direct recruitment in terms of Rule 5 of the Tripura Civil Services Rules, 1965 as amended from time to time. It is apparent from the said notification that 30 vacancies in TCS Grade-II and 15 vacancies in TPS Grade-II were to be filled by the said selection process. The said advertisement was supplemented later on by the addendum dated 03.07.2017 (Annexure-2 to the writ petition), whereby out of those 30 vacancies in TCS Grade-II, one vacancy has been earmarked for the physically challenged (locomotor) candidate whereas 6 vacancies for SC candidates, 11 vacancies for ST candidates and the rest 13 vacancies were earmarked for UR category candidates. Thus, the advertisement No.04/2016 dated 30.04.2016 (Annexure-1 to the writ petition) has to be read with the addendum dated 03.07.2017 (Annexure-2 to the writ petition).
;


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