HIGH COURT OF TRIPURA AGARTALA WP(C) No. 06 of 2026

1. Sri Sukesh Kalai, S/O. Lt. Mahesh Kalai, R/O. Gandhighat, Government Residential Quarter, P.O.-Agartala, P.S.-West Agartala, District-West Tripura, PIN-799001.

2. Sri Tapas Debbarma, S/O. Lt. Rajendra Debbarma, R/O-East Chanmari, P.O.-Bankumari, P.S.-New Capital Complex, Dist.-West Tripura, Pin-799006. 3. Sri Joy Kishore Debbarma, S/O. Lt. Baishak Chandra Debbarma, R.O.- Village-Nisan Para, Sidhai Mohanpur, P.O.-Madhu Chowdhuri Para, P.S.-

Lefunga, Dist.-West Tripura, Pin-799211.

4. Sri Amrit Debbarma, S/O. Lt. Nitya Lal Debbarma, R/O-East Iswarma Para, P.O.-Sangkurma Bari, P.S.-Jampuijala, District-Sepahijala, Pin-799011.

5. Sri Sib Dayal Jamatia, S/O. Lt. Jari Mohan Jamatia, R/O-Vill- Khakchang, P.O. & P.S.- Killa, Udaipur, Dist.-Gomati, Pin-799114.

……… Petitioner(s).

V E R S U S

1. The State of Tripura, Represented by its Special Secretary, School Education Department, Government of Tripura, P.O.-Secretariat, P.S.-New Capital Complex, District-West Tripura, Pin-799010.

2. The Additional Secretary, School Education Department, Government of Tripura, P.O.-Secretariat, P.S.-New Capital Complex, Dist.-West Tripura, Pin-

799010.

3. The Director of Secondary Education, Directorate of Secondary Education, Government of Tripura, P.O.-Agartala, P.S.-West Agartala, Dist.-West Tripura, Pin-799001. ………Respondent(s).

For Petitioner(s) : Mr. Arijit Bhaumik, Advocate, Ms. Ishpa Chakma, Advocate.

For Respondent(s) : Mr. Kohinoor N Bhattacharyya, G.A., Ms. Pinki Chakraborty, Advocate.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO HON’BLE MR. JUSTICE BISWAJIT PALIT CAV reserved on : 07.01.2026 Judgment delivered on : 20.01.2026.

Whether fit for reporting : YES JUDGMENT & ORDER (M.S. Ramachandra Rao, C.J.)

1. Heard Mr. Arijit Bhaumik, counsel for the petitioners and Mr. Kohinoor N Bhattacharyya, Government Advocate appearing for the respondents-State.

2. The petitioners in this Writ Petition are Post Graduates appointed as Assistant Headmasters on various dates in Schools functioning under the School Education Department of the State of Tripura.

3. They have challenged the constitutional validity of Clause 8(ii) of the Rules for promotion to the post of Headmaster/Headmistress, Higher Secondary Schools issued vide notification dt.3.3.2015 (for short ‘the Rules’).

It states:

4. The said Rules were framed under proviso to Art.309 of the Constitution of India.

5. As per clause 11 of the above Rules, for purposes of promotion to the post of Headmaster/Headmistress from the post of Asst. Headmaster/Asst.

Headmistress, 3 years regular teaching experience as teacher is required.

6. Thus candidates though not possessing B.Ed or Post graduate basic training from any recognized University, but who have already been selected as Asst. Headmasters/Headmistress on basis of possessing T.Ed (6 months abridged course certified by Tripura University) and CETE from IGNOU (6 months certificate course) are also eligible for consideration provided they have 3 years teaching experience.

7. If such persons had been validly appointed as teachers/Asst. Headmasters/Asst. Headmistress before the issuance of the NCTE notification in 2014, they cannot be disqualified from consideration for promotion to the post of Headmaster/Headmistress.

8. The contention of petitioners is to render such persons ineligible on ground that they do not possess B.Ed or Post graduate basic training from any recognized University.

9. The principal contention of the petitioners is that 6 month certificate courses like T.Ed and CETE cannot be equated with 2 year professional Teachers Training Course like B.Ed which is recognized by the NCTE; that candidates who have undergone the former course cannot be equated with those who underwent the B.Ed Course; and it amounts to treating unequals alike and so it is violative of Art.14 of the Constitution of India.

10. According to them, the post of Headmaster/Headmistress, Higher Secondary School is also a teaching post a