Purnima Saha, Daughter of Kalipada Saha v. State of Tripura, represented by the Commissioner and Secretary to the Department of Education, Government of Tripura
2017-06-09
S.TALAPATRA
body2017
DigiLaw.ai
JUDGMENT & ORDER : Heard Mr. Somik Deb, learned counsel and Mr. K. Roy, learned counsel appearing for the petitioners as well as Mr. B.C. Das, learned Advocate General assisted by Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents No.1 & 2 and Mr. S.M. Chakraborty, learned senior counsel assisted by Ms. B. Chakraborty, learned counsel appearing for the respondents No.6 and 7 whereas Mr. P.K. Pal, learned counsel appearing for the respondent No.4. For the remaining respondents despite due notice from this court there is no representation. 2. By means of this writ petition, the petitioners had urged this court to quash the selection and appointment of the private respondents, the respondents No.3-7, in the post of Assistant Teacher (Science). At the very outset, Mr. Somik Deb, learned counsel appearing for the petitioners has submitted on instruction that the petitioners No.4 and 6 are not eligible for the post of Assistant Teacher (Science) as they do not have the minimum requisite qualification for the said post. The petitioner No.4 has failed to secure the bachelor degree in Science. She got ‘compartmental’ and there is no proof that she cleared the said examination. The petitioner No.6 has a bachelor degree in Arts (BA). Hence, she cannot be considered for appointment as the Assistant Teacher (Science). 3. Mr. Deb, learned counsel appearing for the petitioners has further acceded to the information provided by Ms. A.S. Lodh, learned Addl. G.A. and Ms. B. Chakraborty, learned counsel that the petitioner No.10 has got an appointment in the post of Tehshilder and thus she would not pursue any relief as claimed in the writ petition. By the order passed today in IA No.578 of 2017 arising out from this petition, the petitioner No.1 has been struck off as she got an appointment as the Lower Division Clerk (LDC). This writ petition therefore survives for consideration for the writ petitioners No.2, 3, 5, 7, 8, 9, 11, 12, 13 and 14. 4. Mr. Deb, learned counsel appearing for the petitioners has made a clear statement before this court that the remaining petitioners will not pursue the ground of challenges as laid in the writ petition. Those petitioners, as urged by Mr. Deb, learned counsel for the petitioners, may favourably considered for their appointment in any government department commensurate to their qualification. 5. In response to the said statement, Mr.
Those petitioners, as urged by Mr. Deb, learned counsel for the petitioners, may favourably considered for their appointment in any government department commensurate to their qualification. 5. In response to the said statement, Mr. B.C. Das, learned Advocate General appearing for the respondents No.1 and 2 has unambiguously submitted that their cases would be positively considered by the Government. Even their cases may be considered in any other Department if they are not found suitable for job under the Education Department. 6. To this proposition, Mr. S.M. Chakraborty, learned senior counsel and Mr. P.K. Pal, learned counsel appearing for the respondents No. 4, 6 and 7 did not project any opposition whatsoever and they do not have any reason to oppose such proposition inasmuch as the statement that has been made by Mr. Somik Deb, learned counsel for the petitioners is nothing short of withdrawal of challenge against their appointments. 7. In view of the emerged situation, this writ petition is disposed of. In terms of the undertaking of the learned Advocate General, the respondents No.1 and 2 shall consider the cases of the writ petitioners No. 2, 3, 5, 7, 8, 9, 11, 12, 13 and 14 for their appointment. This court under the emerged circumstances would not lay any time frame, however learned Advocate General has assured that within a period of 6(six) months the process of consideration shall be completed and in the event, any writ petitioner has crossed the maximum age-limit the state would take initiative to relax the age-limit on consideration that they were litigating since 2012. The petitioners may file the appropriate application to the competent authorities including the Chief Secretary of the state with the copy of this order. A copy of this order be supplied to Ms. A.S. Lodh, learned Addl. G.A. for doing her needful. No order as to costs.