The main legal point established in the judgment is that candidates who participate in a selection process without raising objections cannot subsequently challenge the process after being unsuccessful.

This writ petition was taken up for disposal at the admission stage itself on the submission of learned counsel of both side.

2. Heard learned counsel Mr. D.K. Biswas for the petitioners, learned counsel Mr. J. Majumder for respondent Nos.1 and 2, learned senior counsel, Mr. S. Deb assisted by learned counsel Mr. T. Debbarma for respondent No.3 and learned counsel Mr. P. Roy Barman for respondent Nos.4 to 21.

3. The petitioners and respondent No.4 to 21(hereinafter mentioned as, private respondents) were all members of Tripura Engineering Service(For short, TES) working as Junior Engineer(Civil)(Degree holder) in GrV(A). Tripura Engineering Service Rules prescribes provision for promotion to TES GrIV(Civil)(Assistant Engineer) from the post of Junior Engineer(Civil)(Degree holder) by direct recruitment from in service candidates. The Department requested Tripura Public Service Commission(for short, TPSC) for selection of candidates in accordance with the provisions of Combined Competitive Examinations Rules, 2009(for short, Rules of 2009) and to recommend a list of successful candidates to fill up 53 posts of Assistant Engineer, TES(GrIV)(Civil)(GrA Gazetted).

4. Accordingly, respondent No.3 issued advertisement No.09/2015 inviting applications from eligible candidates. A copy of the advertisement marked as Annexure 1 to the writ petition Important information contained in that advertisement, for ready reference is quoted, which reads as follows:

“Important information:

(i) The syllabus pattern of the said Competitive Examination will be same as that for Direct Recruitment to the post of Assistant Engineer, TES Grade-IV as per TES(4th Amendment) Rules, 2007.

(ii) The Exam will be held for one time only.

All eligible TES Grade V(A)(Civil)(Junior Engineer)(Degree Holder) under Public Works Department, Government of Tripura as mentioned above who are desirous of appearing at this Examination are requested to send Advance Copy of application in the prescribed form by the 12th May, 2015 during office hour. The application through proper channel should reach Commission’s Secretariat by 20th May, 2015 during office hour. Application received after the closing date will not be entertained in any case.”

5. The petitioners received programme for the examination to be held on 28.06.2015 and 29.06.2015 and accordingly they appeared in the examination. The examination was conducted, admittedly as per the provisions contained in the Rules of 2009 and that was the Rule of conducting such examination which was mentioned in the advertisement also.

Rule 4(ii) prescribes that the candidates will be selected in order of merit. The provision reads as follows:

“(ii) Selection of candidates will be made in order of merit and according to the number of vacancies available. Due consideration will be given, as far as practicable, to the preferences indicated by a candidate, if any, but the commission reserves the right to allot the candidate to any department or post for which he/she is a candidate on consideration of his/her candidature who has paid application fees as prescribed and fulfilled the terms of advertisement will receive Admit Card and a time table for the examination. The admission will be deemed to be provisional subject to determination of his eligibility in all respects, fitness and number vacancies available.”

6. Rule 11 prescribes the procedures in respect of the written part of the examination. Since it is very important to decide the writ petition, Rule 11, as a whole, is reproduced as follows:

“11. Written part of the examination

(i) The written part of the examination shall consist of 1(one) compulsory subjects and 2(two) optional papers which are as follows:

A. Compulsory

(a) General Studies 100 Marks 1 hour duration

B. Optional(Any two of the following papers) 200 marks in each paper 3 hours duration

(a) Civil Engineer