The State of Tripura and Ors vs Tutan Debnath and Ors

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HIGH COURT OF TRIPURA
AGARTALA


W.A. No.107 of 2025


1. The State of Tripura, represented by the Secretary, Home Department,
Government of Tripura, New Secretariat Building, New Capital Complex,
Kunjaban, P.S. New Capital Complex, Agartala, West Tripura, PIN:799 010.

2. The Secretary, Home Department, Government of Tripura, New Secretariat
Building, New Capital Complex, Kunjaban, P.S.- New Capital Complex,
Agartala, West Tripura, PIN-799 010.

3. The Director General of Police, Tripura, Office of the Director General of
Police, Tripura, Fire Brigade Chowmuhani, Agartala, West Tripura, PIN:799
001
4. The Inspector General of Police, Office of the Director General of Police,
Tripura, Fire Brigade Chowmuhani, Agartala, West Tripura, PIN:799 001

5. The Assistant Inspector General of Police (Establishment), Tripura, Office
of the Director General of Police, Tripura, Fire Brigade Chowmuhani,
Agartala, West Tripura, PIN:799 001

6. The Chairman, Selection Committee for Recruitment of Police Constable
(Men & Women) in Tripura Police, notified vide Recruitment Notice dated
20.12.2022, Care of office of the Director General of Police, Tripura, Fire
Brigade Chowmuhani, Agartala, West Tripura, PIN:799 001

7. The Principal, KTDS Police Training Academy, Narsingarh, West Tripura,
PIN:799 015
……… Appellant(s).

V E R S U S

1. Tutan Debnath, Son of Late Gouranga Debnath, resident of Harimara, P.O.
SD Mission, P.S. A.D Nagar, West Tripura, PIN:799 03

2. Amit Deb, Son of Sri Ashok Kumar Deb, resident of Ramsundar Nagar
(Rajnagar), Agartala, West Tripura, PIN-799 001.

3. Tanbir Chowdhury, Son of Sri Nanu Chowdhury, resident of Ichamura,
P.O. Mariamnagar, Agartala, West Tripura, PIN:799 008.

4. Abhijit Roy, Son of Late Narayan Chandra Roy, resident of Debnath Para,
Maharanipur, P.O. Chakmaghat, Teliamura, Khowai, Tripura, PIN:799 205.

5. Alamgir Hossain, Son of Abdul Munaf, resident of Kalsimura, Boxananagr,
Sepahijala, Tripura, PIN:799 102

6. Prasenjit Sarkar, Son of Sri Jita Lal Sarkar, resident of Nehal Chandra
Nagar, Bishalgarh, Tripura, PIN:799 100

7. Sujit Paul, Son of Sri Sudhan Paul, resident of Tulabagan, Uttar
Debendranagar, Mohanpur, West Tripura, PIN:799 211

8. Rahul Miah, Son of Abdul Mannan Miah, resident of Belabar, P.O. SD
Mission, P.S. Amtali, West Tripura, PIN:799 003
……… Respondent(s).

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For Appellant(s) : Mr. Saktimoy Chakraboarty, Adv. General.
Mr. Kohinoor N Bhattacharyya, G. A.




For Respondent(s) : Mr. Purusuttam Roy Barman, Sr. Adv.
Mr. Samarjit Bhattacharjee, Adv.
Mr. Kawsik Nath, Adv.
Ms. Aradhita Debbarma, Adv.

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
HON’BLE MR. JUSTICE BISWAJIT PALIT


Date of hearing & judgment : 10.03.2026 .

Whether fit for reporting : YES/NO



JUDGMENT & ORDER (ORAL)
(M.S. Ramachandra Rao, C.J.)


This writ appeal is preferred against the judgment dt. 27.08.2025

of the learned Single Judge in WP(C) No.197 of 2025.
2. Heard Learned Advocate General for the appellants and Mr. P.
Roy Barman, Learned Senior Counsel for the respondents.
3. The issue in this writ appeal is the entitlement of persons such as
the respondents for 2% reservation on the ground that they were Civil Defence
Personnel.
4. Admittedly, on 26.10.2013, the Home Department, Government
of Tripura had issued a notification providing for such reservation in
recruitment to the post of Constable in the Tripura Police with 2% quota for
Civil Defence volunteers.
5. It is also not in dispute that the recruitment notice was issued by
the appellants on 20.10.2022 for recruitment to the post of Constable (Men &
Women) in the Tripura Police. It is stated therein that out of 1000 posts which
were to be filled up, Civil Defence Personnel will also be considered in

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accordance with orders and notifications issued by Government of Tripura
from time to time.
6. Having regard to the said sentence in the recruitment notification,
the appellants were bound to apply the notification dt. 26.10.2013 providing
for 2% reservation for Civil Defence Personnel like the respondents i.e. the
writ petitioners.
7. Notwithstanding such a provision in the notification dt.
26.10.2013 and in the recruitment notification dt. 20.12.2022, when the
appellants did not give such 2% reservation, the respondents had approached
this court by filing the above writ petition and the learned Single Judge held
that the notification dt. 26.10.2013 issued by the Government of Tripura has
not been repealed by the appellants at any subsequent stage; therefore it is still
in force and validly existent; and since the said notification has not been
withdrawn, 2% posts are required to be kept reserved for Civil Defence
volunteers like the respondents herein. The learned Single Judge therefore
held as under:
“[13] As a corollary, it is held that the benefit of such 2% reservation is
required to be provided to the present petitioner Nos.1 to 7 in terms of the
said notification dated 26.10.2013 [Annexure-4 of the writ petition].
[14] In view of above, the writ petition is allowed and is disposed of with
a direction to the respondents to consider the case of the petitioner Nos.1
to 7 against 2% vacancy reserved for Civil Defence personnel in terms of
the notification dated 26.10.2013 and to issue offer of appointment in
favour of them within eight (8) weeks of receipt of copy of this order,
provided that they have successfully qualified all the required
tests/examinations in the recruitment process and they are otherwise not
barred from getting the appointment.”

8. Challenging the same this writ appeal is filed.

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9. Though the learned Advocate General sought to contend that
there is no mention in the recruitment notice about specific percentage of
reservation for Civil Defence Personnel, we do not accept the said submission
in view of the sentence in the recruitment notification itself that the existing
orders and notifications issued by Government of Tripura for Civil Defence
Personnel etc. would be followed and the cases of such personnel will be
considered in accordance with the notifications. So the appellants are bound
by the notification dt. 26.10.2013 and give the 2% reservation to Civil
Defence Personnel like respondents.
10. We therefore, do not find any merit in the writ appeal and
accordingly it is dismissed with no costs.
Pending application(s), if any, also stands disposed of.


(BISWAJIT PALIT, J) (M.S. RAMACHANDRA RAO, CJ)







MOUMITA
DATTA
Digitally signed by
MOUMITA DATTA
Date: 2026.03.11
17:17:42 +05'30'


Moumita