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2026 Supreme(Online)(Tri) 286

HIGH COURT OF TRIPURA

AGARTALA


WA No.43 of 2025


Dr. Rajat Ghosh, S/o Late Hara Mohan Ghosh, resident of South Dhaleswar, near AOC, Lane No.5, P.O. Agartala College, Jogendranagar, PS- East Agartala, District- West Tripura, PIN-799004

.........Appellant(s);

Versus

1. Tripura University (A Central University), represented by its Registrar, having his office at Suryamaninagar, PO- Suryamaninagar, P.S. Amtali, Agartala, District- West Tripura, PIN-799022

2. The Registrar, Tripura University, having his office at Suryamaninagar, P.O. Suryamaninagar, P.S. Amtali, Agartala, District- West Tripura, PIN 799022

3. The Vice-Chancellor, Tripura University (Chairman of Selection Committee), having his office at Suryamaninagar, PO- Suryamaninagar, P.S. Amtali, Agartala, District- Tripura, PIN-799022

4. The Chairman of Scrutiny Committee, Tripura University, Suryamaninagar, PO- Suryamaninagar, PS- Amtali, Agartala, District- Tripura, PIN-799022, [Notice to be served by Respondent No.3, i.e., the Vice-Chancellor, Tripura University]

5. The Dean, Faculty of Science, Tripura University, Suryamaninagar, PO Suryamaninagar, PS- Amtali, Agartala, District- Tripura, PIN-799022

6. The University Grants Commission (UGC), represented by its Secretary, Bahadur Shah Zafar Marg, New Delhi-110002

.........Official Respondent(s)

7. Dr. Jagdish Kumar Sahu, Associate Professor, Department of Pharmacy, Tripura University, Suryamaninagar, PO- Suryamaninagar, PS- Amtali, Agartala, District- Tripura, PIN-799022

.........Private Respondent(s)


For Appellant(s) : Mr. P. Roy Barman, Sr. Advocate,

Mr. Samarjit Bhattacharjee, Advocate,

Mr. Kawsik Nath, Advocate,

Mr. Dipjyoti Paul, Advocate.

For Respondent(s) : Mr. B.P. Sahu, Sr. Advocate,

Mr. Suman Bhattacharjee, Advocate,

Mr. Kausik Paul, Advocate,

Ms. Uttara Singha, Advocate,

Ms. H. Kunjeshori Devi, Advocate,

Ms. Loha Liriina, Advocate.


HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO

HON’BLE MR. JUSTICE BISWAJIT PALIT


Date of hearing : 22.04.2026, 23.04.2026 & 27.04.2026

Date of Judgment & Order: 14.05.2026

JUDGMENT & ORDER

(M.S. Ramachandra Rao, C.J.)

1) This Writ Appeal is preferred by the appellant challenging the judgment dt.18.03.2025 in WP(C) No.243/2024 of the learned Single Judge.

Background Facts:

2) The Tripura University [first respondent], a Central University, had issued an advertisement on 19.07.2023 for the post of Associate Professor in the Department of Pharmacy, which post was reserved for Other Backward Classes (Non-Creamy Layer) [OBC-NCL] category of candidates.

3) The appellant as well as respondent No.7 both applied for the said post.

4) The advertisement stated that the eligibility of the candidates has to be fulfilled on or before the last date of submission of application i.e. 24.08.2023 [Clause 3].

5) It also stated that applications for the posts reserved for OBC/SC/ST, etc. shall be supported by valid/updated certificate in a Government of India prescribed format duly issued by the competent authority [Clause 13].

6) The date of interview of candidates for the said post was fixed by respondent No.1 as 20.11.2023.

7) Respondent No.7 was selected for the said post of Associate Professor in the Department of Pharmacy, and the appellant was not selected.

8) The appellant filed the said Writ Petition contending that respondent No.7 had no valid/updated OBC-NCL Certificate as per requisite prescribed format of the Government of India, and he had produced the said certificate issued by the competent authority on 12.12.2023, long after the cut-off date of 24.08.2023, and therefore respondent No.7 could not have been selected for the said post by the other respondents in the interview held on 20.11.2023 and issued appointment order dt.20.11.2023, and the said appointment of respondent No.7 ought to be set aside on that ground.

9) The respondents No.1 to 4 filed a Counter Affidavit in the Writ Petition opposing the plea of the appellant.

10) They contended that respondent No.7, while uploading his candidature to prove his suitability as an OBC candidate, had annexed his OBC Certificate dt.13.08.2015 issued by the Sub-Divisional Officer, Gwalior District, Madhya Pradesh; as per advertisement, all shortlisted candidates including respondent No.7 were called for interview; and after the interview and verification of documents, respondents No.1 to 4 selected respondent No.7 on 20.11.2023 as Associate Professor (Pharmacy) in the available OBC-NCL position, and he had joined the said post also.

11) It is further contended that income certificate issued on 08.06.2023 to the respondent No.7 was also produced by him during the document verification before the personal interview was held on 20.11.2023, and both the said documents had been uploaded by him during the online application process.

12) Respondent No.7 also filed a Counter Affidavit before the learned Single Judge asserting that he uploaded his OBC Certificate dt.13.08.2015 issued to him by the Sub-Divisional Officer, Revenue Tehsil Gird, District- Gwalior, Madhya Pradesh and also income certificate issued by the Tehsildar, Gwalior dt.08.06.2023, and only thereafter call letter dt.09.11.2023 was issued to him asking him to appear before the Interview Board on 20.11.2023, and he then appeared and got selected after his documents were verified.

13) He contended that in the appointment letter dt.20.11.2023 issued to him, the University had asked him to submit various documents including Caste Certificate issued by competent authority, and so he obtained the updated Caste Certificate of OBC dt.12.12.2023, which was issued in furtherance of the OBC Certificate dt.13.08.2015, which was accepted.

14) He contended that he could not have been deprived of employment in the above circumstances by respondents No.1 to 4.

The Judgment of the learned Single Judge:

15) By judgment dt.18.03.2025, the learned Single Judge dismissed the Writ Petition.

16) After referring to the contentions of the parties, the learned Single Judge referred to an Office Memorandum dt.08.10.2015 issu

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