Tripura High Court
Employment and Labour LawAdministrative and Public Law

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
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 Court. LawLens
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