TRIPURA HIGH COURT ISSUES ORDER ON DR. RAJAT GHOSH V/S TRIPURA UNIVERSITY AND ORS.

AGARTALA, India, June 15 -- Tripura High Court issued the following order/judgement on May 14:

1) This Writ Appeal is preferred by the appellant challenging the judgment dt.18.03.2025 in WP(C) No.243/2024 of the learned Single Judge. Background Facts:

2) The Tripura University [first respondent], a Central University, had issued an advertisement on 19.07.2023 for the post of Associate Professor in the Department of Pharmacy, which post was reserved for Other Backward Classes (Non-Creamy Layer) [OBC-NCL] category of candidates.

3) The appellant as well as respondent No.7 both applied for the said post.

4) The advertisement stated that the eligibility of the candidates has to be fulfilled on or before the last date of submission of application i.e. 24.08.2023 [Clause 3].

5) It also stated that applications for the posts reserved for OBC/SC/ST, etc. shall be supported by valid/updated certificate in a Government of India prescribed format duly issued by the competent authority [Clause 13].

6) The date of interview of candidates for the said post was fixed by respondent No.1 as 20.11.2023.

7) Respondent No.7 was selected for the said post of Associate Professor in the Department of Pharmacy, and the appellant was not selected.

8) The appellant filed the said Writ Petition contending that respondent No.7 had no valid/updated OBC-NCL Certificate as per requisite prescribed format of the Government of India, and he had produced the said certificate issued by the competent authority on 12.12.2023, long after the cutoff date of 24.08.2023, and therefore respondent No.7 could not have been selected for the said post by the other respondents in the interview held on 20.11.2023 and issued appointment order dt.20.11.2023, and the said appointment of respondent No.7 ought to be set aside on that ground.

9) The respondents No.1 to 4 filed a Counter Affidavit in the Writ Petition opposing the plea of the appellant.

10) They contended that respondent No.7, while uploading his candidature to prove his suitability as an OBC candidate, had annexed his OBC Certificate dt.13.08.2015 issued by the Sub-Divisional Officer, Gwalior District, Madhya Pradesh; as per advertisement, all shortlisted candidates including respondent No.7 were called for interview; and after the interview and verification of documents, respondents No.1 to 4 selected respondent No.7 on 20.11.2023 as Associate Professor (Pharmacy) in the available OBCNCL position, and he had joined the said post also.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2cxaBlFXzU4RPgZe4clhtNqKbYDenPLDUdmnsI6x%2BDE&caseno=WA/43/2025&cCode=1&cino=TRHC010006042025&state_code=20&appFlag=)

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