Partha Das vs State Of Tripura - 2025 Supreme(SC) 1273

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1273

SUPREME COURT OF INDIA
J.K. MAHESHWARI, RAJESH BINDAL, JJ.
Partha Das & Ors. – Appellant
Versus
The State Of Tripura & Ors. – Respondent
Civil Appeal Nos.4426-4466 of 2023
With
Sujan Roy & Ors. – Appellants
Versus
The State Of Tripura & Ors. – Respondents
Civil Appeal Nos. 4473-4479 of 2023
Decided on : 28-08-2025

Headnote:(A) Tripura State Rifles Act, 1983 - Sections 3, 4, 5, 9, 22 - Tripura State Rifles (Recruitment) Rules, 1984 - Cancellation of recruitment process - Court held that the State Government's executive decisions cannot override statutory provisions, particularly when a recruitment process has reached an advanced stage and is governed by the established rules. The Abeyance and Cancellation Memorandums issued by the State lacked statutory backing and aimed to change the rules post-commencement of the recruitment process. (Paras 1 to 51)

(B) Legal Principles - Principles of legitimate expectation - Candidates hoped for appointments after participation in recruitment process and were unjustly deprived by arbitrary state action without due justification. The recruitment process must be conducted fairly and in a non-arbitrary manner as per statutory guidelines. (Paras 53 to 60)

Facts of the case:
The recruitment for posts of Enrolled Followers in the Tripura State Rifles was at an advanced stage when the State issued a memorandum to cancel ongoing recruitment processes due to a new policy decision. The appellants participated in the selection process, with some receiving tokens for character verification.

Findings of Court:
Court found the cancellation of the recruitment process to be arbitrary and unlawful, ordering the recruitment process to be finalized within two months according to the statutory provisions.

Issues: 1) Whether the State’s cancellation of the ongoing recruitment process is justified under law? 2) Whether legitimate expectation principles apply to candidates who participated in the selection process? 3) Can executive decisions alter a recruitment process governed by statutory rules post-commencement?

Ratio Decidendi: The court ruled that executive instructions cannot override statutory rules, and cancelling recruitment midway without completion or justification infringes on candidates' legitimate expectations. The court emphasized the need for transparency and fairness in governmental processes.

Result: Appeals allowed; the previous judgments of the High Court were set aside.

Table of Content
1. definition and framework of the tsr act (Para 2 , 3)
2. recruitment timelines and procedure for enrolled followers (Para 6)
3. introduction of nrp impacts existing recruitment (Para 8 , 10)
4. high court’s findings on policy decisions and statutory rules (Para 11 , 12)
5. appellants’ arguments against the cancellation of recruitment (Para 14 , 15 , 16)
6. state’s counterarguments on the cancellation of recruitment (Para 17 , 19)
7. issues concerning the legality of executive orders (Para 20 , 21)
8. limits of executive powers concerning statutory rules (Para 35 , 36)
9. final ruling recognizing appellants’ legitimate expectations (Para 60 , 61)

JUDGMENT :

J.K. Maheshwari J.

Questioning the validity of the judgment dated 03.10.2019 of the Division Bench of the High Court of Tripura commonly passed in a batch of writ petitions, two set of Civil Appeal Nos. 4426-4466 of 2023 and 4473-4479 of 2023 have been filed. The issue involved in these appeals relates to cancellation of the ongoing recruitment process of ‘Enrolled Followers’ midway on the pretext of a policy decision of the State Government.

2. The subject matter in dispute is appointment on the post of Enrolled Followers in Tripura State Rifles Battalions. In the State of Tripura, the recruitment of Enrolled Followers is governed by the Tripura State Rifles Act, 1983 (hereinafter referred to as “TSR Act”) read with the Tripura State Rifles (Recruitment) Rules, 1984 (hereinafter referred to as “TSR Rules”). For the sake of convenience, some pertinent provisions of the TSR Act, which govern the recruitment of Enrolled Followers, are referred.

2.1 Section 3(s) defines ‘the Rifles’ as Tripura State Rifles. Section 3(g) defines ‘Enrolled Followers’ as any person appointed to do the work of a cook, masalchi, water-carrier, mess-servant, ward-boy, washerman, cobbler, barber, sweeper, helper or cleaner. Section 4 specifies that the State Government shall constitute a force called Tripura State Rifles and Section 5 grants power to the Commandant to appoint Enrolled Followers. As per Section 9, the State Government is vested with the power of superintendence and control over Tripura State Rifles, and that its administration shall be done by the State Government as per the provisions of TSR Act and the rules made thereunder through Director General of Police, Inspector General or such Deputy Inspector General or other officers as the State Government may so appoint. Section 22 confers power on the State Government to make rules to carry out the purpose of the TSR Act. Thus, the TSR Act is a complete code in itself which provides for constitution of and recruitment in Tripura State Rifles and confers power on the State Government to frame rules.

3. In furtherance of the power under Section 22 of TSR Act, State Government enacted TSR Rules, wherein Rule 3 talks about powers of State Government and certain officers, i.e., Inspector General, the Deputy Inspector-General and Commandant of Tripura State Rifles. Further, it confers powers on Inspector General, the Deputy Inspector-General and Commandant to supervise and control Tripura State Rifles. Rule 6 categorises Tripura State Rifles into ranks wherein Enrolled Followers are defined at serial no. xii as non-gazetted, class-IV. Rule 8 prescribes the method of appointment of the members of the Rifles and the appointing authority. The said rule is relevant, therefore, reproduced hereunder:

“8. Method of appointment of the members of the Rifies:

(1) The members of the Rifles shall be appointed by one or more of the following methods-

(a) Direct recruitment;

(b) Promotion;

(d) Deputation or transfer of the personnel of Armed Forces of the Union or Central Police Organization or Police Organization of any State.

(2) 75% of direct recruitment in all ranks shall be make from within Tripura and the remaining 25% of such direct recruitment shall be made from states