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2020 Supreme(SC) 475

UDAY UMESH LALIT, VINEET SARAN
Ajoy Debbarma – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
Mr. Maninder Singh, Sr. Advocate, Mr. Nachiketa Joshi, Mr. Prabhas Bajaj, Ms. Sucheta Joshi, Ms. Himadri Haksar, Mr. Satya Mitra, Mr. Manish Goswami, Mr. Rameshwar Prasad Goyal, Mr. Imtiaz Ahmed, Ms. Naghma Imtiaz, Mr. Ahmed Zargham, M/S. Equity Lex Associates, Mr. Nishant R. Katneshwarkar, Mr. Nishant Sharma, Mr. Rakesh K. Sharma, Mr. Vishal Arun, Mr. Avijit Roy and Mr. Chandan Kumar, Advocates

JUDGEMNT :

UDAY UMESH LALIT, J.

1. Leave Granted.

2. These appeals arise out of the judgment and order dated 03.10.2019 passed by the High Court of Tripura at Agartala in Writ Petition (Civil) No. 1040 of 2019 and all other connected matters.

3. Selection of 10,323 teachers made by the Government of Tripura, pursuant to advertisements issued in the years 2002, 2006 and 2009 was subject matter of challenge before the High Court of Tripura in Sri Tanmoy Nath & others vs. The State of Tripura & others, (2014) 2 TLR 731. While accepting the challenge, it was held by the High Court that the selection was contrary to the provisions of the National Council for Teacher Education Act, 1993 and the relevant policies and that the appointments were arbitrary and illegal. It was found that the selection was irrational and illogical and that it suffered from nepotism and favouritism. The conclusions of the High Court were:-

    "116. We live in a country which is governed by the rule of law. The action of each and every official or Government functionary has to be in accordance with the Constitution.

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