WP(C) No. 320 of 2007. Case: Aditi Chakraborty Vs The State of Tripura and Ors.. Tripura High Court

Case NumberWP(C) No. 320 of 2007
Party NameAditi Chakraborty Vs The State of Tripura and Ors.
CounselFor Appellant: S.M. Chakraborty, Sr. Advocate and P. Chakraborty, Advocate and For Respondents: B.C. Das, Advocate General and A.S. Lodh, Addl. G.A.
JudgesS.C. Das, J.
IssueService Law
Judgement DateJanuary 24, 2017
CourtTripura High Court

Judgment:

S.C. Das, J., (At Agartala)

  1. By filing this writ petition the petitioner prayed for directing the respondents to appoint her as a Post Graduate Teacher(Bengali) with all seniority and financial benefits with effect from the date the respondent Nos. 3 to 7 were appointed as Post Graduate Teacher.

  2. Heard learned senior counsel, Mr. S.M. Chakraborty, assisted by learned counsel, Ms. P. Chakraborty for the petitioner and learned Advocate General, Mr. B.C. Das, assisted by learned counsel, Mrs. A.S. Lodh for respondent Nos. 1 and 2 and learned counsel, Mr. Samarjit Bhattacharjee for respondent No. 6.

    No representation on behalf of respondent Nos. 3, 4, 5 and 7.

  3. It is an admitted position that the State respondents initiated a recruitment process for appointment of Post Graduate Teachers in the Government Schools under the Directorate of School Education. There was an Employment Policy in force at that point of time vide Policy No. F.1(4)-GA(P&T)/99 dated 30.08.2003 (Annexure-R/1 to the affidavit-in-response of respondent Nos. 1 and 2 filed on 08.06.2016). It is also an admitted position that the petitioner also applied for appointment as a Post Graduate Teacher in Bengali subject.

  4. The case of the petitioner is that she was eligible for appointment as a Post Graduate Teacher, whereas her case was not considered though the cases of the respondent Nos. 3 to 7 were considered and that she was better placed than that of the respondents for selection and appointment.

  5. The petitioner made an application to the SPIO of the office of the Directorate of School Education for supplying her the following information:

    i) Name and address of all the candidates recently recruited in the P.G.T. for Bengali subject along with the year of passing the master degree, date of birth and monthly income of each candidate and the name of authority certifying the monthly income.

    ii) Supply of copy of the Govt. policy for selection for the post of P.G.T.

    iii) Reason for not considering my name for the said post though I faced the interview for this purpose successfully.

    iv) Criteria of the Govt. policy which I failed to fulfill for getting selection.

    v) Whether all the selected candidate could fulfill all the criteria of the Govt. policy.

  6. In response to that letter of the petitioner, the SPIO made the following communication:

    "To
    The Secretary
    Tripura Information commission
    P.N. Complex, Agartala.

    Subject:- Representation in reply to summon No. 632-34 dated.27.06.2007 regarding Appeal No. 04 of 2007-08 of Smt. Aditi Chakraborty...

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