The Tripura High Court directed the State government to recast/re-arrange the select list dated 11.02.2022 by taking into account the well-settled principle of 50% ceiling limit in the matter of reservation. A single-judge bench of this Court comprising Hon’ble Justice Arindham Lodh reiterated the settled position of law that “under Clause(c) of sub-rule (8) of Rule 8 of the Rules, 1992 the State is barred to apply carry forward rule to clear backlog vacancies of reserved category candidates beyond next recruitment year”.
Brief Facts:
The Respondents had issued a notification for filling up the vacant post of Post Graduate Teacher in connection with filling up 12 (twelve) vacant posts of Post Graduate Teacher in Music subject. Out of the said 12 posts, 6 (six) posts are meant for UR candidates, 2 (two) for SC candidates and 3 (three) for ST candidates. Subsequently, by advertisement dated 02.03.2019, online application was invited to fill 10 vacant posts for the subject ‘Music’ out of which 4 posts were for UR candidates, 2 for SC candidates and 4 for ST candidates. Following the recruitments made by TRBT in the year 2018 and 2019 by a notification dated 27.11.2020, it was enumerated that out of 7 vacancies, 1 post is for UR candidates, 2 posts were for SC candidates and 4 posts were for ST candidates.
Thereafter, TRBT issued a notification on 22.12.2021 enumerating subject-wise cut-off marks. After that, TRBT issued a notification dated 11.02.2022 selecting 3 candidates belonging to the SC category. The Petitioner brought on record the number of years and the posts that were carried forward against which the Petitioner alleged that the carry forward of seats of 2017-18 to 2019-20 violates Clause (c) of sub-rule 8 of Rule 8 of the Tripura Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Rules, 1992 [“the Rule, 1992”).
Observations of the Court:
In this case, the Court observed that the first recruitment year for recruiting a Music teacher was in the year 2017. The posts could not be filled up due to the non-availability of eligible reserved candidates. The said posts of Music teachers under the reserved category were carried forward during the year 2018. At that time also, no eligible reserved category candidates were found. Thereafter, these posts were further carried forward in the year 2019-20, which is contrary to the statute as provided under sub-rule 8(c) of Rule 8 of the Rules, 1992.
Further, the reliance was placed on the case of Pankaj Bhowmik vs. The State of Tripura and others W.A. 458 of 2020, wherein it was held that “under Clause(c) of sub-rule (8) of Rule 8 of the Rules, 1992, the State is barred to apply carry forward rule to clear backlog vacancies of reserved category candidates beyond next recruitment year”. The next recruitment year means the year followed by the first recruitment process in a particular year. In the light of the above, this Court held directed the respondents-State, i.e. authorities concerned, to recast/re-arrange the select list dated 11.02.2022, taking into account the well-settled principle of 50% ceiling limit in the matter of reservation, and also bearing in mind the principle laid down in Pankaj Bhowmik (supra) case.
The decision of the Court:
The Tripura High Court allowed the writ petition and quashed the select list dated 11.02.2022.
Case Title: Smt. Kalpita Sutradhar & Anr. vs State of Tripura and others
Coram: Hon’ble Justice Arindham Lodh
Case no.: WRIT PETITION NO. 6989 OF 2008
Advocate for the Petitioner: Mr. Somik Deb
Advocate for the Respondents: Mr. D. Bhattacharjee
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