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2014 Supreme(Tri) 180

DEEPAK GUPTA, S.C.DAS
Tanmoy Nath – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Petitioners:Mr. A.K. Bhowmik, Sr. Advocate, Mr. A.C. Bhowmik, Sr. Advocate, Mr. K. N. Bhattacharjee, Sr. Advocate, Mr. D.K. Biswas, Mr. P. Roy Barman, Mr. Somik Deb, Mr. G.K. Nama, Mr. A. Bhowmik, Mr. N. Mazumdar, Mr. A. Nandi, Ms. N. Guha, Mr. R. Dutta, Mr. D. Sarkar, Mr. Kohinoor N. Bhattacharjee, Ms. Y. Taneja Bhattacharjee, Mr. Samarjit Bhattacharjee, Mr. D. Datta, Mr. S. Acharjee & Mr. K. Roy, Advocates
For the Respondents:Mr. B.C. Das, AG, Mr. B.R. Bhattacharji, Sr. Advocate, Mr. B. Das, Sr. Advocate, Mr. S. Deb, Sr. Advocate, Mr. S. M. Chakraborty, Sr. Advocate, Mr. T.D. Mazumdar, GA, Ms. A.S. Lodh, Addl. GA, Mr. N. C. Pal, Mr. P.K. Pal, Mr. A. De, Mr. B. Banerji, Mr. J. Majumder & Mr. D.C. Nath, Advocates

JUDGMENT

Deepak Gupta, CJ.:-

All the petitions are being disposed of by a common judgment since common questions of law and fact are involved.

BACKGROUND:

2. In the State of Tripura recruitment to the posts of teachers was not done with the urgency that is required. Advertisements were issued thrice inviting applications for filling up the posts of undergraduate, graduate and postgraduate teachers. The undergraduate teachers are supposed to teach the primary classes, the graduate teachers are supposed to teach the higher classes and postgraduate teachers are to teach specialized subjects.

3. Rules for filling up the post of Assistant Teachers in the Primary Schools/Jr. Basic Schools were framed as far back as 07.10.1970 and as per these rules, the essential qualifications for filling up the posts in the regular pay scale were trained Matriculate or higher secondary or Pre-University or untrained undergraduate or graduate. In case of appointment to the fixed scale, untrained Matriculates were also eligible.

4. The first advertisement was issued on 29.10.2002 wherein 1000 posts of Graduate Teachers, 500 posts of Undergraduate Teachers and 100 posts of Kak Barak Teachers were advertised. Ka
































































































































































































































































































































































































































































































































































































































































































































































































































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