Ajay Deb vs State Of Tripura And Ors

[1] Heard Mr. Arijit Bhowmik, learned counsel appearing for the petitioner. Also heard Mr. D. Bhattacharjee, learned G.A. appearing for the State-respondents.

[2] By way of filing this present writ petition, the petitioner has prayed for the following reliefs:

"Under the circumstances stated above, it is most humbly and respectfully prayed that this Hon'ble Court would be graciously pleased to-

(I) Issue notice upon the respondents.

(II) Call for the records.

(III) Issue rule calling upon the respondents to show cause as to why a direction shall not be issued to consider the petitioner for appointment to the available vacant ST post of LDC advertised pursuant to advertisement dated 24.06.2008 in terms of Rule-17 of Tripura District Courts' Ministerial Establishment (Recruitment and Conditions of Service) Rules, 2014.

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

AND

In the interim be pleased to keep one post of Group-C LDC vacant notified pursuant to advertisement dated 24.04.2015 till the disposal of the connected writ petition.

AND/OR

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

AND/OR

For this act of kindness your humble petitioner as in duty bound shall ever pray."

[3] From the above prayer, it is apparent that the petitioner urged before this Court to invoke Clause-17 of Tripura District Courts' Ministerial Establishment (Recruitment and Conditions of Service) Rules, 2014, (herein after referred to as the said rule). Clause-17 of the said rule relates to the reservation which is extracted hereunder:

"Save as otherwise provided in these Rules Reservation in direct recruitment and promotion for various categories of posts on the District Courts' Ministerial Establishment with respect to Scheduled Castes, Scheduled Tribes, Physically Disabled Persons shall be in accordance with the prevailing policies of the State Government. If no such suitable candidate is available, the posts will be filled up by the candidate other than those of the Scheduled Castes, Scheduled Tribes and Physically Disabled person."

[4] Mr. Bhowmik, learned counsel appearing for the petitioner has strenuously argued that the petitioner belongs to general category candidate and his name appears in the panel prepared by the respondent No. 2. Since there is no suitable candidate to fill up the post from the candidates belonging to ST community, this Court should direct the respondent No.2 to fill up the post by way of de-reserving the said post and the post should be filled up from the candidates who belong to general category.

[5] In my opinion, this Court has no power to direct the authority to de-reserve any post, because the decision has to be taken by the authority concerned. The respondent No.2 vide communication dated 18.05.2016 had sought for instruction/approval from the Hon'ble High Court for issuing of offer of appointment to the candidates whose names appear in the panel(s)/merit list(s), prepared in connection with advertisement dated 24.06.2008 for filling up of post of LDC, Peon, Guard, Dry-cum-Wet Sweeper-Cum-Part Time Worker, to make the Ambassa court functional. In pursuance to that communication, the Hon'ble High Court on the administrative side vide its communication dated 04.06.2016 has resolved as follows.

"the proposal advanced by the District & Sessions Judge, Unakoti Judicial District, Kailashahar vide his letter dated 18.05.2016 has been considered and it has been resolved that 7(vacant) posts of LDC and 7(vacant) posts of Group-D (Peon, Guard etc. in fixed pay & Dry-cum-wet Sweeper-cum-Part Time Worker) for the court of Ambassa under Unakoti Judicial District shall be filled up from the panel(s)/merit list(s) prepared in connection with the advertisement dated 24.06.2008 of the then undivided North Tripura District maintaining serial (seniority) and Rooster system."

I also stated that as per office record maintained in the office of the respondent No. 2 it has been found on scrutiny that the total strength of LDC posts under undivided North Tripura District are 98 including 7(vacant) posts for Ambassa. Office records further show that when 53 LDCs, were recruited, men in position in the LDC grade rose to 91 and out of them 49 (forty nine) LDCs belonging UR category were already appointed. To fill up the vacancies of the remaining 7(vacant) posts of LDC for the court at Ambassa, it was decided to give offer of appointment to 3(three) candidates belonging to UR category and 3(three) candidates belonging to SC category and 3(three) candidates belonging to ST category from the respective merit list(s)/panel list(s), subject to adjustment in future. Accordingly, offer of appointment were issued to Sl. No. 38, 39 & 40 of the candidates empanelled in the UR category list. Likewise offer of appointment were issued to Sl. No. 17 of the candidate empanelled in the SC category list and Sl. No. 31, 32 & 33 of the candidates empanelled in the ST category list. But, on issuance of offer of appointment in favour of Sl. No. 17 of SC candidate and Sl. No. 33 of ST candidate, they did not accept the offer of appointment and hence, to fill up the posts of SC & ST, offer of appointment was issued in favour of Sl. No. 18 of the candidate empanelled in the SC category list and Sl. No. 34 of ST category list. Accordingly, appointment letters were issued in favour of Sl. No. 38, 39 & 40 belonging to UR category and in favour of Sl. No. 18 belonging to SC category. The Sl. No. 34 of ST candidate did not also accept the offer of appointment and since no other ST candidate was available in the empanelled list of ST category, the respondent No. 2 count not fulfill the last post of LDC i.e. post No. 60 as it was meant for ST category."

[6] From the affidavit-in-opposition filed by the respondent No. 2, it also revealed that in regard to filling up various posts, the High Court observed that "Save as otherwise provided in these Rules Reservation in direct recruitment and promotion for various categories of posts on the District Courts' Ministerial Establishment with respect to Scheduled Castes, Scheduled Tribes, Physically Disabled Persons shall be in accordance with the prevailing policies of the State Government. If no such suitable candidate is available, the posts will be filled up by the candidate other than those of the Scheduled Castes, Scheduled Tribes and Physically Disabled person."

[7] In view of above, I direct the respondents/authority concerned to consider the appointment of the petitioner in accordance with the applicable policies and rules prevailing in the State of Tripura. Consequently, the instant petition stands allowed and disposed of. Pending application(s), if any, also stands disposed of.