Bipin Debbarma vs State Of Tripura And Ors

The petitioner has prayed for the following reliefs:

"It is, therefore, humbly prayed that your Lordships would graciously be pleased to issue Rule upon the Respondents to show cause as to why the Respondents should not transmit all records relating to the case of the Petitioners.

AND

As to why a writ in the nature of Certiorari should not be issued quashing the government of Tripura, Home Department, Notification No.F.1(46)- PD/2005 dated 11th July, 2007 (Annexure-3) framing recruitment rules for promotion to the post of Inspector of Police (Unarmed Branch and Armed Branch).

AND

As to why a writ in the nature of Mandamus should not be issued directing the State Respondents to consider promotion of the Petitioners to the post of Inspector of Police (Unarmed Branch) from a date ahead of the date of promotion of his juniors upon quashing the impugned amended recruitment rules or alternatively by relaxing the conditions of said impugned amended recruitment rules (Anenxure-3)

AND

As to why such other order/orders should not be passed so as to give full relief to the Petitioners and upon causes shown to make the Rule absolute

AND

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

After the matter was heard for some time, learned counsel for the writ petitioner submits that the petitioner would be content if a direction is issued to the respondent-State to consider the petitioner's case pending consideration since April, 2015, as is evident from the affidavit dated 13th January, 2016 filed on behalf of the State by the Under Secretary to the Government of Tripura, Home Department.

Initially, the writ petitioner approached this Court laying challenge to the amendment in the Recruitment and Promotion Rules whereby he was non-suited on account of non-fulfillment of eligibility criteria.

It is not in dispute that as per the amended rules, the writ petitioner does not fulfill the eligibility criteria of acquiring educational qualification. It is also not in dispute that cases of similarly situated persons were favourably considered by the government for granting one time relaxation, pursuant to the directions issued by the Division Bench of this Court vide judgment dated 18.02.2011 in WP(C)207/2007 titled as Pradip Laskar & Ors. Vs. The State of Tripura & Ors.

It is also not in dispute that the petitioner being similarly situated, had also prayed for similar treatment, which request, as per the affidavit filed on behalf of the State, was favourably acceded to.

We notice that Sri Arup Deb, Under Secretary to the Government of Tripura, Department of Home has filed his personal affidavit dated 13th January, 2016, inter alia, stating as under:

"8. I further submit that thereafter, 3 nos of Sub Inspector of Police who were under graduate filed a writ petition before the Hon'ble Court being WP(C)520/2011 wherein the Hon'ble court vide judgment dated 20.03.2012 has directed the Government to consider their case for the purpose of relaxation of requisite educational qualification as has been considered in earlier case in WP(C)207/2007. A copy of the judgment in WP(C)520/2011 is enclosed herein and is marked as Annexure R/10 of this affidavit.

Accordingly, the Government has considered and two out of three were promoted to the post of Inspector of Police creating two supernumerary posts of Inspector of Police and so far 3rd candidate it was directed to take decision in accordance with law. Promotion was done granting third time one time relations vide No. F.1(46)PD/2005 (Part) dated 05/07/2012, a copy of which is enclosed herein and is marked as Annexure R/11 of this affidavit.

However, I submit that a few Sub Inspector of police of both UB and AB who were not graduates but passed pre promotional examination filed writ petition again being No. WP(C)399/2012 wherein the Hon'ble Court directed the State Government to take a befitting decision with utmost expedition, a copy of the order dated 30.04.2013 is enclosed herein and is marked as Annexure R/12 of this affidavit.

Accordingly, the entire issue was examined and a proposal was initiated to the Government in the Home Department to accord approval for 4th time one time relaxation for promotion of Under Graduate, Sub Inspector of Police and accordingly the same was allowed by the Government in the Home Department vide No. F.13(3)PD/13/1580 dated 24/5/2014, a copy of which is enclosed herein and is marked as Anenxure R/13 of this affidavit.

Accordingly, a DPC was convened for promotion to the Post of Inspector of Police on 28/3/2015 on the following vacancy position:

SL.

No.

Category of post

SC

ST

UR

Total

1

Inspector of Police (UB)(Men)

05

21

09

35

2

Inspector of Police (AB)(Men)

03

03

03

09

3

Inspector of Police (UB)(Women)

01

02

01

04

Minute of DPC dated 28/3/2015 was sent to the Government for consideration vide letter No.16200/28(1)/PHQ/Inspc./14 dated 18/4/2015 wherein the name of the petitioner is also included. Therefore, the primary relief of the petitioner is redressed as such the writ petition is liable to be dismissed in limine."

(Emphasis supplied)

The communication dated 24th May, 2011, Annexure R/13 referred to in the said affidavit, reproduced supra, reads as under:

"No.F.13(3)=PD/13/1580

Government of Tripura Home Department

Dated, Agartala, the 24th May, 2014.

To

The Director General of Police Tripura, Agartala.

Subject:- One time relaxation in educational qualification criterion in respect of Sub Inspectors of Police towards promotion to the post of Inspector of Police - reg.

Sir,

I am directed to refer to the proposal contained in the

letter No. 16740/F.28(1)-PHQ/Inspr/2013 (Shadow), dated 11th April, 2014 on the subject mentioned above and to convey approval of the Government towards one time relaxation in educations qualification criterion in respect of promotion of Sub Inspectors of Police (Armed Branch and Unarmed Branch) to the post of Inspector of Police against the existing vacancies provided that other requisite qualification as per Recruitment Rules to be fulfilled and promotion may be considered by Departmental Promotion Committee against existing vacancies with prospective effect and further relaxation of educational qualification will not be considered in future.

This is issued in pursuance to Vide Memorandum No.F.1(9)-GA(CAB)/2001, dated 21-05-2014 of GA(C&C) Department.

This is for kind information and necessary action.

Yours faithfully,

SD/- Illegible (Arup Deb)

Under Secretary to the Government of Tripura."

It is in this backdrop, we are not in agreement with the submission made by Sri. Netai Choudhury, learned GA appearing for the respondents, that under no circumstances, the petitioner's case can be considered for promotion, more so, on account of non-fulfillment of eligibility criteria of educational qualifications.

As such, we are inclined to allow the oral prayer made by Sri Raju Datta, learned counsel for the petitioner, of disposing the present writ petition with a direction to the State to positively take a decision in terms of the averments made in the affidavit reproduced supra. Ordered accordingly.

The petition is disposed of in the following terms:

(i) The State shall positively take a decision within a period of three months from the date of production of certified copy of the order.

(ii) Liberty is reserved to the writ petitioner to independently approach the Court for assailing the order, if so required and desired, on the same and subsequent cause of action, in accordance with law.

(iii) Save and except for the aforesaid, we have not expressed any opinion on the merits of the matter and all the other issues are left open.