SUDIP DEB NATH v. UNION OF INDIA &
Case Details
Case No :WP(C) 0000415/2011 Party Name : SUDIP DEB NATH Vs UNION OF INDIA & 4 ORS. THE HONBLE MR JUSTICE U. B. SAHA
Legal Reasoning
The petitioner in W.P.(C) No.415 of 2011, Sri Sudip Debnath, obtained master degree in M.Sc (Maths) and the petitioner in W.P.(C) No.424 of 2011, Sri Gautam Das, obtained master degree in Sociology and in W.P.(C) No. 431 of 2011, the petitioner No.1, Sri Niran Debbarma, obtained master degree in Philosophy and Religion, the petitioner No.2, Sri Ganga Chandra Kalai, obtained his bachelor degree in Commerce in 2009 and the petitioner No.3, Sri Dipal Chakma, obtained his bachelor degree in Arts in 2006. All these petitioners obtained their master degrees as well as their bachelor degrees as a mode of distance education from Madurai Kamraj University (MKU), which was established on the basis of a State Act to render education within the State. The petitioners applied for the respective posts as advertised by the respondents and the respondents did not consider their cases though they have requisite qualifications for the posts on the ground that a Notification was issued on 02.04.2011, wherein it was decided that the degrees and diplomas obtained by the students through Off Campus Centres or Study Centres of State private Universities/State Universities/ Deemed Universities would not be treated as valid degrees and diplomas, though the petitioners in W.P.(C) No. 415 of 2011 and W.P.(C) No. 424 of 2011 were selected by the respondent-TPSC, but their names were not recommended as their degrees were treated not valid by the State-respondents. The petitioners in W.P.(C) No. 431 of 2011 applied for the posts of Sub- Inspector of police (un-armed) and though they were qualified in the written examination, but the TPSC did not call them for oral interview/viva voce test being their degrees were not recognized by the State-respondents. Being aggrieved by the action of the respondent-TPSC, the petitioners in the above W.P.(C) No. 415 of 2011 and W.P.(C) No. 424 of 2011 approached this Court for quashing the decision dated 18.06.2011, issued by the respondent-TPSC (Annexure-1 to the writ petition) and the communication dated 19.08.2011 (Annexure-M to the writ petition) and the petitioners in W.P.(C) No. 431 of 2011 challenged the Memo dated 23.08.2011 (Annexure-G to the writ petition), wherein they were communicated the aforesaid decision of the authority. Heard Mr. D. Chakraborty, learned counsel appearing for the petitioners in all the writ petitions as well as Mr. S. Deb, learned senior counsel appearing for the State-respondents in W.P.(C) No. 431 of 2011. Also heard Mr. N. Majumder, learned counsel appearing for the State-respondents in W.P.(C) No. 415 of 2011 and W.P.(C) No. 424 of 2011 as well as Mr. P. Datta, learned counsel appearing for the respondent-TPSC and Mr. P.K.Biswas, learned senior counsel as well as Asstt. SG appearing for the respondent-Union of India. Learned counsel for the parties submitted that in view of the decision taken by the State-respondents in Memorandum No.F.2(317)-DHE/UDCA/2010/Vol-II/1149 (103), dated July 10, 2013, issued by the Under Secretary to the Government of Tripura, Higher Education Department, it is not necessary to decide the writ petitions on merit as all the writ petitioners obtained their degrees before issuance of notice dated 02.04.2011 and thus, all of them are qualified on the relevant point of time as the Council of Ministers has decided that the degrees/diplomas obtained by the students through off campus centres or study centres of State private universities/State universities/ Deemed universities before the Notification dated 02.04.2011 are valid. As Mr. Chakraborty placed the Memorandum dated July 10, 2013, it would be proper on the part of this Court to examine the same. It appears from paragraph-7 of the said Memorandum that the Council of Ministers has taken a decision as under: - "7. Thereafter, the matter was placed before the Council of Ministers for consideration. In order to protect the interest of the innocent students who obtained their degree/diploma without knowing about the legal position, it was decided that the degrees/diplomas obtained by students through off campus centres or study centres of State private universities/State universities/Deemed universities before the actual date on which public notice as issued by the Higher Education Department was published will be treated as valid. It was also decided that the benefits already extended to employees based on such certificates issued till the date of the public notice may not be withdrawn i.e. persons having such certificates prior to the cut off date will i) continue to enjoy the benefit including further promotion etc. in case they are already in Govt. employment, ii) will be eligible to apply for appointment in Govt. based on such certificates in case they are unemployed." All the writ petitioners in these writ petitions obtained their Master as well as Bachelor degrees from MKU before 02.04.2011. Thus, the degrees obtained by them are valid and all of them were eligible for the posts advertised at the relevant time. In view of the aforesaid decision, all the writ petitions are disposed of by this common order with a direction to the State-respondents to consider the case of the petitioners in terms of the decision of the Council of Ministers as stated supra and the respondent-TPSC is also directed to consider the case of the petitioners in W.P.(C) No. 415 of 2011 and W.P.(C) No. 424 of 2011 as their results have already been published and their names have not been recommended in view of the Government decision as the Government has already taken a decision that the persons, who obtained degrees/diplomas from the State university like MKU before 02.04.2011 are eligible. If the names of the aforesaid petitioners in W.P.(C) No. 415 of 2011 and W.P.(C) No. 424 of 2011 are recommended by the respondent-TPSC, then the State-respondents may consider the same for their appointment. The respondent-TPSC is also directed to call the petitioners in W.P.(C) No. 431 of 2011 for facing the oral/viva voce test as they have obtained their master degrees as well as Bachelor degrees before 02.04.2011. The respondent-TPSC is further directed to inform the petitioners in W.P.(C) No. 431 of 2011 regarding the date of their interview so that they can appear in the oral/viva voce test. The State-respondents are also directed to take up the matter with the respondent-TPSC so that the TPSC can proceed with the matter in accordance with the order passed today. The entire exercise shall be completed within a period of three months from the date of receipt of the copy of this order. Till the aforesaid exercise, as directed by this Court, the posts which have been kept vacant in view of the order of this Court, shall not be filled up. In the result, all the writ petitions are disposed of in the aforesaid terms. Download Date: 8-05-2017 16:05 1/1