Tripura High Court

Candidate’s lower marks and existence of prior NOC preclude challenge against selected candidates.

Sri Mihir Das v. The State of Tripura & Others [W.P.(C) No.150 of 2026]

Tripura High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, an SC category candidate, applied for the post of Tripura Civil Service (TCS) Grade-II under Advertisement No. 4/2016.

Source reference: p. 2

He qualified for the written exam and was called for an interview, which required a "No Objection Certificate" (NOC) from the employer.

Source reference: p. 2

The petitioner alleged that Private Respondent No. 5 was selected despite lacking a valid NOC, whereas the petitioner had complied with all formalities.

Source reference: p. 2-3

Upon receiving a score summary from the Tripura Public Service Commission (TPSC), the petitioner discovered he secured 474.58 marks out of 900.

Source reference: p. 2

He challenged the selection of Respondent No. 5, seeking a direction for his own appointment.

Source reference: p. 3
02

Issues

Whether the selection of Private Respondent No. 5 was vitiated by the alleged absence of a "No Objection Certificate" from his employer.

Source reference: p. 3

Whether the petitioner was eligible for appointment based on his merit ranking within the reserved SC category.

Source reference: p. 3-4
03

Law Applied

The Court applied the principles of merit-based selection in public employment, emphasizing that recruitment must strictly follow the criteria and vacancies specified in the advertisement (Advt. No. 4/2016).

Source reference: p. 3

It upheld the administrative requirement of a "No Objection Certificate" for candidates already in government service and the principle that a candidate cannot claim a right to appointment if they fail to secure marks above the last selected candidate in their respective category.

Source reference: p. 4
04

Reasoning

The Court examined the records provided by the TPSC, which revealed that Respondent No. 5 had indeed obtained a valid NOC on 14.06.2016, prior to the interview call letter.

Source reference: p. 3

Furthermore, the analysis of merit showed that Respondent No. 5 secured 543.17 marks, significantly higher than the petitioner's 474.58 marks.

Source reference: p. 3

The TPSC clarified that there were six reserved seats for the SC category, and the last-ranked successful SC candidate (Jayanta Kumar Das) secured 482.5 marks.

Source reference: p. 3

Since the petitioner’s marks were lower than the cut-off for the SC category and all advertised vacancies were filled by higher-ranking candidates, the Court found no procedural irregularity or violation of rights.

Source reference: p. 4
05

Holding

The Court held that the petitioner failed to make out a case for judicial interference.

It was established that Respondent No. 5 possessed the requisite NOC and that the petitioner was ineligible for appointment due to his lower merit position.

Source reference: p. 4

Consequently, the High Court of Tripura dismissed the writ petition as being devoid of merit, with no order as to costs.

Source reference: p. 4
Tripura High Court

Original Court PDF

Sri Mihir Das v. The State of Tripura & Others [W.P.(C) No.150 of 2026]

Tripura High Court · no citation

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment