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. 2He qualified for the written exam and was called for an interview, which required a "No Objection Certificate" (NOC) from the employer.
Source reference: p. 2The 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. 2-3Upon 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. 2He challenged the selection of Respondent No. 5, seeking a direction for his own appointment.
Source reference: p. 3Issues
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. 3Whether the petitioner was eligible for appointment based on his merit ranking within the reserved SC category.
Source reference: p. 3-4Law 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. 3It 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. 4Reasoning
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. 3Furthermore, 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. 3The 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. 3Since 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. 4Holding
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. 4Consequently, the High Court of Tripura dismissed the writ petition as being devoid of merit, with no order as to costs.
Source reference: p. 4Original Court PDF
Sri Mihir Das v. The State of Tripura & Others [W.P.(C) No.150 of 2026]
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