State Of Tripura vs Samudra Debbarma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1274

SUPREME COURT OF INDIA
J.K. MAHESHWARI, RAJESH BINDAL, JJ.
The State Of Tripura & Anr. - Appellants
Versus
Samudra Debbarma & Ors. - Respondent
Civil Appeal Nos. 4467-4468 of 2023
With
The State Of Tripura & Anr. - Appellants
Versus
Debapratim Nag & Anr. - Respondents
Civil Appeal No. 4469 of 2023
With
Chiman Debbarma & Anr. - Appellants
Versus
The State Of Tripura & Ors. - Respondents
Civil Appeal No. 4471 of 2023
Decided On : 28-08-2025

Headnote:(A) Constitution of India - Article 309 - Tripura Civil Service Rules, 1967 - Tripura Police Service Rules - Recruitment processes for TCS and TPS - Cancellation of ongoing recruitment process via Cancellation Memorandum was found arbitrary and illegal as it violated the statutory rules and regulations governing the recruitment. The court held that the recruitment process cannot be altered mid-way by changing selection criteria through executive policy. The principle of legitimate expectation of candidates to complete the process based on extant rules was reiterated. (Paras 14, 15, 32, 57)

(B) Recruitment Policy - The new recruitment policy cannot override statutory rules framed under Article 309, as policy decisions are only executive instructions that cannot amend or supplant existing legal frameworks. (Paras 26, 27, 33)

(C) Executive Discretion - The court asserted that executive powers should not interfere in the recruitment process once initiated, and that candidates have a legitimate expectation of fairness in public selection processes. (Paras 50, 56)

Facts of the case:
Appeals were filed against the cancellation of recruitment processes for the posts of TCS and TPS conducted by the Tripura Public Service Commission, which had commenced through advertisements in 2016. The recruitment process was disrupted by executive memoranda citing policy changes, leading to litigations by affected candidates.

Findings of Court:
The court upheld the lower court's decisions and ruled against the state’s cancellation of recruitment processes. It mandated that the recruitment be completed within four months following the statutory guidelines.

Issues: The main questions addressed were the validity of the cancellation of recruitment processes based on new policy instructions and the candidates' legitimate expectations of completion.

Ratio Decidendi: The court reasoned that the statutory framework governs recruitment processes, and any attempt to change the rules during the process undermines fairness and leads to arbitrariness.

Result: Appeals dismissed; recruitment process must be finalized in four months.

Table of Content
1. context of appeals concerning recruitment process. (Para 1 , 2 , 3 , 4)
2. details of recruitment advertisements and rules. (Para 5 , 6 , 7 , 8 , 9)
3. cancellation of recruitment due to policy change. (Para 10 , 11)
4. candidates’ litigation against cancellation. (Para 12)
5. high court findings on legality of recruitment process. (Para 14 , 15)
6. contentions by both candidates and state. (Para 17 , 18 , 19)
7. legal issues for consideration regarding recruitment process. (Para 22 , 23 , 24 , 25)
8. analysis of statutory rules versus executive orders. (Para 30 , 31 , 32)
9. conclusion on the illegality of cancellation. (Para 46 , 57)
10. final orders for concluding the recruitment process. (Para 58 , 59)

JUDGMENT :

J.K. MAHESHWARI, J.

1. In this batch of appeals, Civil Appeal Nos. 4467-68 of 2023 relate to the recruitment for Tripura Civil Services (hereinafter referred to as “TCS”), Grade-II, Group ‘A’ gazetted category posts, which was decided by the impugned judgment dated 03.12.2019, WA No. 142 of 2019. The Division Bench of the High Court of Tripura sustained the order of the learned Single Judge with certain modifications. Review petition filed was also dismissed vide judgment dated 13.01.2020 Review Petition No. 01 of 2020. Aggrieved by the same, the State Government has filed these appeals.

2. Civil Appeal No. 4469 of 2023 relates to the recruitment to the Tripura Police Service (hereinafter referred to as “TPS”), Grade II, Group ‘A’ Gazetted category posts, which was decided by the impugned judgment dated 20.01.20203. The Division Bench relying upon the judgment dated 03.12.2019, which is under challenge in Civil Appeal Nos. 4467-68 of 2023, set aside the memorandum dated 20.08.2018 to the extent of Tripura Police Service Grade-II examination with directions to complete the recruitment process in connection with the said posts.

3. Civil Appeal No. 4471 of 2023 also relates to Tripura Police Service, wherein vide order dated 17.09.20214, the Writ Petition filed by the candidate was allowed and disposed of, making certain observations in view of the stay granted in C.A. Nos. 4467-4468 of 2023 and directing that the directions in C.A. Nos. 4467-4468 of 2023 shall apply.

4. In all the above matters, the controversy revolves around the abrupt cancellation of the recruitment process of TPS and TCS governed by the respective rules which are pari materia to each other. Since the recruitment for the posts of TPS and TCS had commenced and controversy involved is similar, looking into the similitude of the origin and controversies in all the aforesaid appeals, we have proposed to take up all these appeals analogously and the same are being dealt with by this common judgment. Since the appellant in Civil Appeal Nos. 4467-48 and 4469 of 2023 is the State of Tripura and the appellant in Civil Appeal No. 4471 of 2023 is a recruitment candidate, we shall be referring to the candidates collectively as ‘Candidates’ and the State of Tripura as ‘State’.

FACTS RELEVANT FOR THE MATTER:

5. The genesis of the present appeals arises from the recruitment notification styled as ‘Advertisement No. 04/2016’ dated 30.04.2016 published by the Tripura Public Service Commission (hereinafter referred to as “TPSC”). By the said advertisement and addendum dated 03.07.2017, applications were invited for 30 posts of TCS Grade-II and 15 posts of TPS Grade-II. Both the posts are Group ‘A’ gazetted posts and are required to be filled up by direct recruitment. The appointments to the post of TCS and TPS are governed by the rules known as Tripura Civil Service Rules, 1967 (hereinafter referred to as “TCS Rules”) and Tripura Police Services Rules (hereinafter referred to as “TPS Rules”), respectively, which are the rules framed in exercise of the power under the proviso to Article 309 of the Constitution of India. As the rules relating to TCS and TPS are pari materia, therefore, we are referring to the TCS Rules for ready reference. Rule 5 provides for a m