The central legal point established in the judgment is the importance of adhering to prescribed guidelines for transparency and fairness in the appointment process, and the court's authority to direct the formation of a new selection committee to ensure compliance with the guidelines.

This writ petition has got its chequered history. The writ petitioner previously filed a writ petition being W.P.(C)192 of 2009 in this High Court challenging the appointment of the respondent No.7, Sri Tapan Kanti Das in the post of Post Graduate Teacher (Bengali) in the Golden Valley H.S.(+2 Stage) School, Rajbari, Dharmanagar, North Tripura, a Government aided school in pursuance to the advertisement under No. F.1(APPT)/GVHS/ 07/329 dated 28.11.2007.

2. By the judgment and order dated 08.05.2015, it was observed as under, while disposing the writ petition:

“While selecting the respondent No.7, the selection committee has completely disregarded the method as prescribed by the said memorandum dated 02.01.2003. Had the procedure as prescribed been followed, the petitioner would have been in the top of the list, but for arbitrary action of the respondents No.1 to 6, the petitioner has suffered serious detriment in the public employment. It is not in dispute that by the advertisement dated 28.11.2007, Annexure-1 to the writ petition, the Golden Valley H.S.(+2 stage) W.P.(C) No.192 of 2009 Page 6 of 14 [6] School invited applications from the eligible Indian citizens for filling up of a few posts of Post Graduate Teachers and Under Graduate Teachers including a post of Post Graduate teacher for Bengali, reserved for Scheduled Caste candidate. It is also not in dispute that the petitioner was found eligible and she was called to appear before the selection committee by the call letter dated 13.12.2007, Annexure-7 to the writ petition. After the interview was over when the petitioner learnt that she had not been selected, she gathered the information. From the communication dated 27.01.2009 made by the by the respondent No.2, Annexure-2 to the writ petition, it appears that the respondent No.2 has disclosed that “all the selections of PGT posts(SC/ST) takes place as per seniority cum merit (higher qualification)/need.” The petitioner has also collected the tabulation sheet wherefrom it appears as under:

Sl.No.	Name & address of the candidate	Date of Birth	Name of Exam passed	Board/ University	Division	% of marks	SC/ST	Academic performance	Seniority	Interview	Total marks obtained
9	Sri Tapan Kanti Das, S/O- Lt. Nripendar Kr. Das, P.O. Rajbari, Dharmanagar, District: North Tripura (Respondent No.7)	08.04.1976	M.A. in Bengali	Tripura University	II	48%	SC	57	10	04	71
10	Smt. Chaitali Sarkar, D/O Sri Chanchal Sarkar, Jail Road, Dharmanagar, District–(N) Tripura (Petitioner)	23.11.1985	B.S.(Hons) in Bengali	Tripura University	II	46%	SC	55	05	10	70

4. The petitioners challenge lies in assessing the comparative merit. According to her, the results of the other examinations have not at all been taken into consideration. Only the examination relating to the basic qualification had been taken for this purpose. According to the petitioner, she got total marks (70) correctly by the method prescribed by the memorandum dated 02.01.2001 but so far the respondent No.7 is concerned, he had been allotted more marks by violating the said method prescribed by the memorandum dated 02.01.2001. In terms of the said method, the respondent No.7 would have secured total marks of 68. The calculation in terms of the method is illustrated hereunder:

(a)

(i)	Madhyamik	For 2nd Division	55 marks
(ii)	H.S.	For 3rd Division	45 marks
(iii)	B.A. (Hons)	For 2nd Class Hons.	55 marks
(iv)	M.A.	For 2nd Class	55 marks
		Total	210 marks

      

*	As per N.B.(I) average marks of his academic performance will be 52.2 rounded at	52 marks
*	As per N.B. (II) marks to be added	02 marks
	For having the post graduate degree	54 marks
	(b) For seniority	10 marks
	(c) For interview	04 marks