BIKASH PATARI Vs. STATE OF TRIPURA
LAWS(TRIP)-2019-7-53
HIGH COURT TRIPURA
Decided on July 30,2019

Bikash Patari Appellant
VERSUS
STATE OF TRIPURA Respondents




JUDGEMENT

- (1.)There is no dispute that the petitioner has been considered to have the requisite qualification for being appointed as the Pharmacist (Allo) by the official respondents.
(2.)In order to fill up the vacancies in the post of Pharmacist (Allo) and in other posts namely Laboratory Technician, Radiographer, Plaster Technician, O.T. Technician, Physiotherapist, Audiometric Technician, Ophthalmic Assistant, Lower Division Clerk, Record Technician, Dental Technician, Histopathology Technician, Ward Master, Rehabilitation Assistant, Tailor, transport Officer, Carpenter and Pharmacist Homeo, the Director of Health Services, Government of Tripura issued the Employment Notification published in "Dainik Sambad" dated 27.05.2016, which is Annexure-1 to the writ petition being WP(C)No.786 of 2017[the lead case], hereinafter this will be referred to as the Employment Notification only. For purpose of reference, the entire text of the said notification is reproduced hereunder :
Employment Notification

Applications are invited for filing up vacancies for the following pasts under the Health and Family Welfare Department, Government of Tripura on purely temporary and fixed pay basis.

The eligible will candidates residing permanently in the state of Tripura within the age limit of minimum 18 years of age and maximum 40 years (relaxable by 5 years for ST, SC, PH, Er-Serviceman and in service candidates) as on 15th June, 2016 may apply in the plain paper stating all the particulars as mentioned below along with self attested copies of relevant documents.

1. Name of the post applied for, 2. Name of the candidates (in BLOCK LETTER), 3. Father's/Husband name, 4. Permanent address, 5. Permanent address to which communication is to be made, 6. Contact number, 7. Whether SC/ST/Ex.Serviceman, 8. Whether belongs to BPL/AAY, 9. Date of birth, 10. Educational and other qualification (mentioning year of passing, total marks obtained and percentage of marks obtained), 11. Experience(if any), 12. Employment Exchange Reg. No. 13. Nationality, 14. Religion, 15. Other information (if any).

Application(s) will receive in the O/o the Director of Health Services, Government of Tripura, P.N. Complex, Gurkhabasti, P.O.Kunjaban, Agartala, Pin-799006, in Govt. working days during 11.00 PM with effect from 03.06.2016. Last date of receiving application is 15.06.2016 (up to 4:00 PM). No application will be received after last date. Department is not liable for any postal delay. No TA and DA is admissible for this purpose.

Not illegible Sd/- (Dr. J.K. Deb Varma) Director of Health Services, Government of Tripura, Agartala.

(3.)It is apparent that the eligible willing candidates residing permanently in the state of Tripura within the age limit of 18 years and the maximum 40 years [relaxable for 5 years for ST, SC, PH, Ex. Serviceman and in-service candidates] as on 15.06.2016 might apply in the plain paper stating the particulars and annexing copy of the relevant documents in terms of the requisite particulars as referred in the said Employment Notification. After the applications were received within the period of 3.6.2016 and 15.6.2016, the Director of Health Services, Government of Tripura issued the Memorandum under No.F.2(1-203)- MS/ESTT/2016(Sub-V) dated 01.09.2016 [Annexure-4 to the writ petition being WP(C)No.664 of 2017] whereby the eligible applicants were asked to appear before the interview board as per the schedule of the interview provided in the said memorandum. The eligible applicants were asked to appear before the interview board on the schedule date and time. They were further asked to carry the original testimonials and receipt-token of the application, the interview card as issued by the Director of Health Services and sent by post.
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