Tarun Mallik vs Union Of India And Ors

[1] Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. H. Deb, learned Assistant S.G. for the respondents.

[2] In response to the recruitment notification dated 20.11.2018, Annexure-3 to the writ petition, the petitioner appeared in the recruitment rally for the post of Soldier Nursing Assistant. But on scrutiny of documents, the respondents by their communication under No.3048/Agartala/181/R dated 31.07.2019, Annexure-6 to the writ petition, cancelled the candidature of the petitioner on the solitary ground that the petitioner did not score the pass marks in Mathematics. Being aggrieved by the said action the petitioner has challenged that order of cancellation of candidature dated 31.07.2019, Annexure-6 to the writ petition, by means of this writ petition contending that Mathematics turned out to be his additional subject and whether someone gets the pass mark or not is not in that subject material for passing the relevant examination.

[3] Mr. Datta, learned counsel appearing for the petitioner has submitted that the requisite educational qualification for the post of Soldier Nursing Assistant as advertised is as follows:

"10+2/Intermediate Examination pass in Science with Physics, Chemistry, Biology and English with Minimum 50% marks in aggregate and minimum 40% in each subject."

Thus, the petitioner had the requisite qualification for getting recruitment as the Soldier Nursing Assistant under the respondents.

[4] Mr. Datta, learned counsel has further contended that in the elective subjects the petitioner got 50% marks. The petitioner had passed B.Sc (Honours) in Zoology in the year 2018 from Tripura University. However, that qualification was not required.

[5] The primary basis for such challenge, as laid by the petitioner, is that according to the examination rules of Tripura Board of Secondary Education (TBSE), the marks obtained in the additional subject is not material, even if someone gets less than the pass mark. But if someone secures marks more than the pass mark, the additional mark would be added to the aggregate marks.

[6] On notice, Tripura Board of Secondary Education, the respondent No.6 has clarified that position, which supports the stand taken by the petitioner in the following words:

"Out of the four non-language electives, the subject in which a candidate will secure lowest mark, will be regarded as "4th Elective" and the marks obtained in it will not be added with the aggregate. However, a student may appear at the H.S. Examination of this Board with 3 (three) elective subjects of his own choice along with English and any one language subject (i.e. with 5 (five) subjects) if he/she so desires. The Board shall have the right to make any restriction regarding the choice of Elective Subjects."

[7] Thereafter, they have further clarified that:

"as per the above provisions he secured 250 marks in 5 subjects i.e. in languages (2 subjects) plus 3 elective subjects (Chemistry, Biology & Physics) and the percentage of marks obtained in aggregate is 50% out of above 5 subjects. No marks i.e. elective 4 in Mathematics added in aggregate or the average of the marks.

A copy of the relevant portion of Section 12 of the Tripura Board of Secondary Education (Admission & Examination) Regulations, 2008 is annexed hereto and marked as Annexure-A."

[8] On the face of such stand taken by Tripura Board of Secondary Education, Mr. H. Deb, learned Asst. S.G. has fairly submitted that the court may set aside the order of cancellation of the candidature. The respondents will consider the petitioner on the basis of his performance of the selection process. Accordingly, the decision of the respondents as reflected in the communication dated 31.07.2019, Annexure-6 to the writ petition, stands set aside and quashed.

[9] By the interim order dated 19.08.2019 as passed in I.A. No.01 of 2019 [from WP(C) No.949 of 2019], this court had directed the respondents to allow the petitioner to appear in the examination in terms of the admit card, Annexure-5 to the writ petition, subject to the outcome of this writ petition. It was directed simultaneously to keep one post of Soldier Nursing Assistant vacant until the further order.

[10] Mr. Deb, learned Asst. S.G. has informed this court that in compliance to the said order dated 19.08.2018 one post of Soldier Nursing Assistant has been kept vacant and if the petitioner is found suitable in the selection process, he will be recruited. This court commends the fairness of Mr. Deb, learned Asst. S.G.

[11] Having appreciated the statement made by Mr. H. Deb, learned Asst. S.G. the respondents are directed to complete the entire process relating to the selection, as far as the petitioner is concerned, within a period of 6 (six) weeks from today.

[12] Accordingly, this writ petition stands allowed and disposed of.

No order as to costs.

A copy of this order be furnished to the learned counsel for the parties.