State Of Tripura vs Arunabha Saha - 2025 Supreme(SC) 1275

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1275

SUPREME COURT OF INDIA
J.K. MAHESHWARI, RAJESH BINDAL, JJ.
The State Of Tripura & Ors. – Petitioners
Versus
Arunabha Saha & Anr. – Respondents
Civil Appeal No. 4470 of 2023
Decided On : 28-08-2025

Headnote:(A) Boilers Act, 1923 - Sections 2(c), 28, 28A, and 29 - Recruitment process for the post of Inspector of Boilers - Ongoing recruitment process cannot be altered midway by executive instructions - Candidates have a legitimate expectation of completion of the recruitment process fairly. (Paras 17 and 19)

Facts of the case:
The appeal relates to the cancellation of recruitment for Inspector of Boilers initiated on 29.12.2016, which was kept in abeyance by a memorandum from the State Government amid a change in governance. (Paras 4 and 5)

Findings of Court:
The cancellation of recruitment as per the new recruitment policy was invalid; recruitment must proceed as per prior established rules. (Paras 18 and 20)

Issues: Whether the new recruitment policy applies retrospectively and if it was valid to cancel the recruitment process midway. (Paras 11 and 16)

Ratio Decidendi: The application of the new policy to ongoing recruitment was found arbitrary; candidates expect fairness in process unless laws are amended retrospectively. (Paras 17 and 19)

Result: Civil Appeal dismissed, State instructed to complete recruitment process within two months.

Table of Content
1. ongoing recruitment process for inspector of boilers. (Para 1 , 2 , 4 , 5 , 6 , 7 , 8)
2. findings of the single judge upheld on statutory rules. (Para 9 , 10)
3. appellants argue for validity of nrp in recruitment. (Para 11 , 12 , 13 , 14 , 15)
4. ongoing processes not subject to nrp; concerns about fairness. (Para 17 , 19)
5. civil appeal dismissed; recruitment must be finalized. (Para 18 , 20 , 21)

JUDGMENT :

J.K. Maheshwari, J.

1. This appeal arises out of the judgment and order passed by the Division Bench of the High Court of Tripura dated 25.08.2020 ¹[ W.A. No. 196 of 2019], affirming the decision of the learned Single Judge dated 05.08.2019 ²[ W.P. (C) No. 186 of 2019], whereby cancellation of the ongoing recruitment process for the post of Inspector of Boilers (Group-A Gazetted) in Factories and Boilers Organization under the Labour Department, Government of Tripura, (hereinafter referred to as “Inspector of Boilers”) was set aside.

2. In the instant appeal, the dispute revolves around the appointment and subsequent cancellation of recruitment process for the post of Inspector of Boilers. The recruitment to this post is governed by the BOILERS ACT , 1923 (hereinafter referred to as “ BOILERS ACT ”), wherein Section 2(c) defines a Chief Inspector, Deputy Chief Inspector and Inspector as a person appointed to be as Chief Inspector, a Deputy Chief Inspector, and an Inspector under the Act. Section 28 confers power on the Central Boilers Board to make regulations consistent with the provisions of the BOILERS ACT . Section 28A confers powers on the Central Government to make rules to carry out the purpose of the BOILERS ACT , which includes power to make rules with respect to the qualifications and experience of persons to be appointed as Inspector of Boilers. Section 29 confers power on the State Government to make the rules consistent with the provisions of the BOILERS ACT and regulations thereunder for the purpose as specified in the section.

3. In furtherance to the powers under Section 28A, the Central Government promulgated Chief Inspector, Deputy Chief Inspector and Inspector (Qualification and Experience) Rules, 2012 (hereinafter referred to as “Central Rules”) wherein the minimum qualifications for appointment to the post of Inspector of Boilers have been laid down. Similarly, in exercise of power under Section 29 of the BOILERS ACT read with proviso to Article 309 of Constitution of India, State Government in consultation with Tripura State Public Service Commission (hereinafter referred to as “TPSC”) enacted the Rules called the ‘Recruitment Rules, 2013’ (hereinafter referred to as “State Rules”) for the post of Inspector of Boilers under Labour Department (Factories and Boilers Organization) (hereinafter referred to as “Labour Department”). The State Rules classify the Inspector of Boilers as Group – ‘A’ Gazetted post and regulate its method of recruitment. Rule 4 deals with ‘method of recruitment, age limit, qualification and other matters’ which shall as be as specified in columns 5 to 13 of the Schedule appended to the State Rules. The Schedule specifies that the post of Inspector of Boilers shall be filled by direct recruitment by the State Government through TPSC unless exemption is granted.

FACTS RELEVANT FOR THE MATTER:

4. The present case has its inception on 29.12.2016 when the Labour Department sent a requisition to TPSC for selection of candidates on 2 posts of Inspector of Boilers. Consequently, Advertisement No. 01/2017 was notified by the TPSC on 05.01.2017 (hereinafter referred to as “Advertisement”). As per TPSC, out of 126 applications, 36 candidates were called for written screening test on 21.08.2017, out of which only 30 candidates appeared. Finally, 7 candidates were declared successful including respondent no.1, and were called for personality test/interview on 07.12.2017. Accordingly, the interview took place, however, results were not declared.

5. While the recruitment process