Facts
The Government of Tripura issued a notification on 26.10.2013 providing for a 2% reservation for Civil Defence volunteers in the recruitment of Police Constables
Source reference: p. 2, para. 4On 20.12.2022, a recruitment notice for 1000 Constable posts was issued, stating that Civil Defence Personnel would be considered in accordance with government orders/notifications issued from time to time
Source reference: p. 2, para. 5When the appellants failed to apply the 2% reservation, the respondents (writ petitioners) approached the High Court.
Source reference: no citationA learned Single Judge allowed the writ petition on 27.08.2025, directing the state to provide the reservation as the 2013 notification remained valid and unrepealed
Source reference: p. 3, para. 7The State appealed this decision.
Source reference: no citationIssues
Whether the respondents are entitled to a 2% reservation in the recruitment of Police Constables based on the notification dated 26.10.2013 and the recruitment notice dated 20.12.2022
Source reference: p. 2, para. 3Law Applied
The Court applied the principle of administrative bindingness, holding that the government is bound by its own subsisting notifications and the specific terms laid out in a recruitment advertisement
Source reference: p. 3, para. 6Specifically, it relied on the Home Department Notification dated 26.10.2013, which established the 2% quota
Source reference: p. 2, para. 4and the doctrine that a validly existent notification which has not been repealed or withdrawn remains enforceable in law
Source reference: p. 3, para. 7Reasoning
The Court rejected the Advocate General’s contention that the recruitment notice did not specify a percentage for reservation.
Source reference: no citationIt reasoned that since the recruitment notification of 20.12.2022 explicitly stated that existing orders and notifications would be followed regarding Civil Defence Personnel, the 2013 notification was incorporated by reference
Source reference: p. 4, para. 9The Court observed that because the 2013 notification providing the 2% quota had never been repealed or withdrawn by the State, it remained "validly existent"
Source reference: p. 3, para. 7Consequently, the appellants were legally bound to honor the 2% reservation for qualified volunteers who met the recruitment criteria
Source reference: p. 3, para. 6 & 7Holding
The Division Bench dismissed the Writ Appeal, finding no merit in the State's challenge
The Court upheld the Single Judge's direction to consider the respondents against the 2% vacancy reserved for Civil Defence personnel and to issue offers of appointment within eight weeks, provided the candidates qualified for all required tests and were not otherwise barred
Source reference: p. 3, para. 7; p. 4, para. 9No costs were awarded
Source reference: p. 4, para. 10Original Court PDF
The State of Tripura & Ors. v. Tutan Debnath & Ors. [W.A. No. 107 of 2025]
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in