Sri Dipak Datta and 15 Others vs The State of Tripura and 6 others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Tri) 306

TRHC010000232026 2026:THC:560

HIGH COURT OF TRIPURA
AGARTALA

WP(C) No.27 of 2026

1. Sri Dipak Datta,
S/O- Sri Jagadindu Datta, R/O- Vill-Kanchanbari,
P.O- Kanchanbari, P.S- Fatikroy, Dist.-Unakoti, Tripura,
Aged about 32 years, Pin-799288.

2. Smt. Tulsi Debnath,
D/O- Sri Brajabasi Debnath, R/O-Vill- Jalabasa,
P.O and P.S- Panisagar, Dist.- North Tripura,
Aged about 34 years, Pin-799260.

3. Smt. Payal Datta,
D/O- Sri Asish Kumar Datta, R/O-Vill-Algapur, P.O- Algapur,
P.S- Dharmanagar, Dist.- North Tripura,
Aged about 32 years, Pin-799253.

4. Sri Amar Sarkar,
S/O- Lt. Santi Sarkar, R/O- Melaghar, P.O- Chandigarh,
P.S- Melaghar, Dist.- Sepahijala, Aged about 32 years,
Pin-799115.

5. Sri Biplab Roy,
S/O- Nanigopal Roy, R/O-Vill-Netaji Nagar,
P.O and P.S- Teliamura, Aged about 35 years, Pin-799205.

6. Sri Rajat Roy,
S/O- Sri Rathindra Roy, R/O- Vill-Gamaibari,
P.O and P.S- Teliamura,
Dist. Khowai, Aged about 35 years, Pin-799205.

7. Sri Amit Kumar Jamatia,
S/O- Lt. Ananta Kishore Jamatia, R/O- Vill- West Manu,
P.O- Manpathar, P.S-Shantirbazaar, Dist.- South Tripura,
Aged about 40 years, Pin-799114.

8. Sri Nabendu Nath,
S/O- Sri Nripendra Kumar Nath, R/O-Vill- Sonarerbasa,
P.O- Sonarerbasa, P.S- Dharmanagar, Dist.- North Tripura,
Aged about 36 years, Pin-799251.

9. Smt. Manti Datta,
W/O- Sri Abhijit Banik, R/O-Vill-Chandrapur Colony No.2,
P.O-Matabari, P.S- R.K Pur, Dist.- Gomati,
Aged about 33 years, Pin-799013.

10. Sri Mimu Chakraborty,
S/O- Lt. Narayan Chakraborty, R/O-Vill- Garjee,
P.O- Garjee, P.S- R.K Pur, Aged about 32 years,
Dist.-Gomati, Pin-799125.

11. Smt. Gopa Rani Saha,
W/O- Sri Jayanta Saha, R/O- Vill-Barpathari,
P.O- Barpathari, P.S- P.R Bari, Dist. South Tripura,
Aged about 35 years, Pin-799155.

12. Sri. Sabbir Hossain,
S/O- Lt. Machhu Miah, R/O- Vill-Indira Nagar,
P.O- Melaghar, Dist.- Sepahijala, Age about 39 years,
Pin-799115.

13. Sri Amarjit Chakma,
S/O- Sri Kalapona Chakma, R/O-Vill- East Manu,
P.O- East Manu, P.S- Shantirbazar, Dist.-South Tripura,
Aged about 33 years, Pin-799144.

14. Smt. Supriya Muhuri,
W/O- Sri Sudip Kr. Bhowmik, R/O- Vill-Paschim Charakbari,
P.O- Paschim Charakbai, P.S- Baikhora, Dist.-South Tripura,
Aged about 40 years, Pin-799142.

15. Subrata Debnath,
S/O- Sri Ananda Debnath, R/O- Near Noagaon,
High School, P/O- Kamalpur, Dist.- Dhalai,
Aged about 33 years, Pin-799285.

16. Sri Pintu Deb,
S/O- Sri Nepal Deb, R/O- Sukantapalli, P.O- Kumarghat,
P.S- Kumarghat, Dist- Unokoti, Aged about 36 years,
Pin-799264.

.... Petitioner(s).

Versus

1. The State of Tripura,
Represented by its Secretary,
School Education Department,
Govt. of Tripura, P.O- Secretariat,
P.S- New Capital Complex,
Dist- West Tripura, PIN- 799010.

2. The Teachers Recruitment Board, Tripura,
Represented by its Member Secretary, Siksha Bhwan,
Office Lane, P.O- Agartala, P.S- West Agartala,
Dist- West Tripura, PIN- 799001.

3. The Member Secretary,
Teachers Recruitment Board, Tripura, Siksha Bhawan,
Office Lane, P.O-Agartala, P.S- West Agartala,
Dist- West Tripura, PIN- 799001.

4. The Controller of Examinations,
Teachers Recruitment Board, Tripura, Sikhsha Bhawan,
Office Lane, P.O- Agartala, P.S-West Agartala,
Dist- West Tripura, PIN- 799001.

5. The National Council for Teachers Education,
Represented by its Member Secretary, Having office at G-7,
Sector-10, Dwarka, Near Metro Station, New Delhi-110075.

6. The Regional Director,
The National Council for Teachers Education,
Having office at G-7, Sector-10, Dwarka,
Near Metro Station, New Delhi-110075.

7. The National Institute of Open Schooling. (NIOS),
Represented by it's Secretary, Having Office at A-24/25,
Institutional Area, Sector-62, Noida,
Dist- Gautam Budh Nagar, Uttar Pradesh-201309

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

For Petitioner(s) : Mr. Arijit Bhaumik, Adv.
Mr. Uday Das, Adv.

For Respondent(s) : Mr. Pradyumna Gautam, Sr. G.A.
Mr. Milan Laskar, Adv.

Date of Hearing & Delivery of Judgment and Order : 30.04.2026

HON’BLE MR. JUSTICE BISWAJIT PALIT

Judgment & Order (Oral)

Heard Learned Counsel, Mr. A. Bhaumik appearing on behalf of the petitioners. Also heard Learned Sr. G.A., Mr. P. Gautam appearing on behalf of the State-respondents and Learned Counsel, Mr. M. Laskar appearing on behalf of respondent No.7. But none appeared inspite of service of notice upon respondent Nos.5 and 6. By this time, the State respondents have filed their counter-affidavit.

02. At the time of hearing, Learned Counsel for the petitioners drawn the attention of this Court that this present case is squarely covered by the judgment delivered by this Court on 27.02.2026 in WP(C) No.242 of 2025 and WP(C) No.243 of 2025. In reply Learned Sr. G.A. for the State-respondents submitted that the respondent TRBT is also willing to comply the said judgment, however, those judgments would be implemented subject to verify of the past service rendered by the petitioners of those cases and fairly submitted that they shall have no objection if this present writ petition is also disposed of in the line of said judgment.

03. The present petitioners have filed the writ petition seeking the following reliefs:-

(i) Issue Notice upon the Respondents.

(ii) Call for the records.

(iii) Issue Rule calling upon the Respondent to show cause as to why clause 1(A) and 1(B) of the Prospectus-cum-Instruction for T-TET 2024 shall not be held to be illegal and quashed so far as it does not recognize the 18 months Diploma in Elementary Education conducted through NIOS in ODL mode within 31st March, 2019 as an eligibility criteria for T-TET 2024, Paper-I and Paper-II.

AND

Issue Rule Calling upon the Respondent to show cause as to why a writ of certiorari or any other appropriate writ shall not be issued for setting aside the rejection of candidature of the Petitioners during the process of T-TET 2024, Paper-I/Paper-II.

AND

Issue Rule Calling upon the Respondent to show cause as to why the 18 months Diploma in Elementary Education completed by the petitioner from National Institute of Open Schooling through ODL mode shall not be considered as valid diploma for the purpose of issuance of TET Certificate and appointment of teachers at elementary level.

AND

Issue Rule calling upon the Respondent to show cause as to why the writ of mandamus or any other appropriate writ shall not be issued mandating the Respondents to issue TET Certificate in favour of the Petitioners upon successfully completing Paper I/Paper-II of T-TET 2024 considering the 18 months Diploma in Elementary Education conducted from NIOS as valid diploma.

(iv) And after hearing the parties, be pleased to make the rule absolute.

AND/OR

Pass any other order/orders may deemed fit and proper.

AND

For this act of kindness your humble Petitioners as in duty bound shall ever remain grateful.

04. At the time of hearing, Learned Counsel Mr. A. Bhaumik for the petitioners drawn the attention of the Court that the present petitioners underwent D. El. Ed Course which was conducted by National Institute Of Open Schooling (NIOS) under the special measure or arrangement conducted by MHRD and NCTE within 31st March, 2019 and the result was published together with other candidates of other States on 22.05.2019. The present petitioners completed 18 months D.El.Ed course from NIOS being instructed by MHRD and NCTE. The Teachers Recruitment Board Tripura issued Prospectus-Cum-Instruction for Teachers eligibility Test, Paper-I and Paper-II and accordingly, the petitioners having the required academic qualifications and the professional qualification of 18 months D.El.Ed Course applied for T-TET Paper-I/Paper-II. Thereafter, the TRBT issued admit card in favour of the petitioners. The petitioners appeared in the written examination and were successful in written examination and scored above the qualifying marks. But at the time of scrutiny of mark-sheets/ certificates/ documents the petitioners appeared before the TRBT, when the TRBT refused to issue TET certificates on the ground that t

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