Advocates:
['ANTHONY DEBBARMA', 'BN MAJUMDER', '', 'GA']

HIGH COURT OF TRIPURA

AGARTALA

WP(C)(PIL)No.19 of 2022

For Petitioner(s)

:

Mr. A. Debbarma, Adv.

For Respondent(s)

:

Mr. D. Bhattacharya, G.A.

HON’BLE THE CHIEF JUSTICE (ACTING)

HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order

13.12.2022

Heard Mr. A. Debbarma, learned counsel appearing for the

petitioners as well as Mr. D. Bhattacharya, learned G.A. appearing for the

respondents.

2.

The present petition is filed seeking for the following reliefs :

(i) Say the issuance of appointment letters to the

candidates selected final merit list of PA-II (Jr. Grade

Stenographer), Group-C under the West Tripura

District Judiciary prepared by the respondent No.1 on

27.07.2022 pursuant to the advertisement No.F.

Recruitment

Cell-DJ/W/2019(PA-II)/625-26,

dated

12.01.2021;

(ii) Quash candidates selected final merit list of PA-II

(Jr. Grade Stenographer), Group-C under the West

Tripura District Judiciary prepared by the respondent

No.1 on 27.07.2022 pursuant to the advertisement

No.F. Recruitment Cell- DJ/W/2019(PA-II)/625-26,

dated 12.01.2021.=

3.

Earlier also the present petitioner has filed a writ petition being

WP(C)(PIL)No.13 of 2022 seeking for the following reliefs :

(i) Issue rule upon the Respondents to show cause as

to why a writ in the nature of Writ of Certiorari or any

other

appropriate

Writ(s)

or

Order(s)

and/or

Direction(s) of the like nature should not be declared

for proper implementation of the Tripura Scheduled

Castes and Scheduled Tribes Reservation Act, 1991 and

Tripura

Scheduled

Castes

and

Scheduled

Tribes

Reservation Rules, 1992;

Page 2 of 6

(ii)As to why a Writ of Mandamus or any other

appropriate writ(s)/direction(s) and order(s) should

not be directed the Respondents to delete/substitute

the words and sentence, <If no such suitable candidate

is available, the posts will be filled up by the candidate

other than those of the Scheduled Castes and

Scheduled Tribes= under Rule-8 of the Tripura Judicial

Service Rules, 2003 and also the sentence, <If no such

suitable candidate is available, the posts will be filled

up by the candidate other than those of the Scheduled

Castes and Scheduled Tribes and physically Disabled

person= under Rule-17 of the Tripura District Court

Ministerial Establishment (Recruitment and Condition

of Service) Rules, 2014 for being ultra-vires of the

Tripura

Scheduled

Castes

and

Scheduled

Tribes

Reservation Act, 1991 and Tripura Scheduled Castes

and Scheduled Tribes Reservation Rules, 1992;

(iii) As to why a writ in the nature of a Writ of

Certiorari or any other appropriate Writ or orders

and/or Direction(s) of the like amount should not be

issued to quash the Advertisement No.01/2022 for

recruitment of Grade-III of Tripura Judicial Service

published vide No.F.11(14)-HC/2021-22/16855, dated,

Agartala, the 13th July, 2022 for unreserving the

reserved

seats

without

following

the

Tripura

Scheduled Castes and Scheduled Tribes Reservation

Act, 1991 and Tripura Scheduled Castes and Scheduled

Tribes Reservation Rules, 1992;

(iv) As to why a writ in the nature of a Writ of

Certiorari or any other appropriate Writ or Orders

and/or Direction(s) of the like nature should not be

issued to quash the final merit list of 84 candidates for

the post of PA-II (Jr. Grade Stenographer) (Group-C)

under District Judiciary of Tripura prepared by the

District & Sessions Judge, West Tripura, Agartala on

27.07.2022 in connection with Advertisement No.625-

26, dated 12.01.2021 for unreserving the reserved

seats without following the Tripura Scheduled Castes

and Scheduled Tribes Reservation Act, 1991 and

Tripura

Scheduled

Castes

and

Scheduled

Tribes

Reservation Rules, 1992;

(v) As to why a writ in the nature of a Writ of Certiorari

or any other appropriate Writ or Orders and/or

Direction(s) of the like nature should not be issued to

quash the final merit list as per advertiseme