Case Note & Summary
The appeals before the Supreme Court arose from a judgment dated 03.10.2019 by the Division Bench of the High Court of Tripura in a batch of writ petitions. The subject matter concerned recruitment to the post of Enrolled Followers in Tripura State Rifles Battalions. Recruitment to this post was governed by the Tripura State Rifles Act, 1983 (TSR Act) and the Tripura State Rifles (Recruitment) Rules, 1984 (TSR Rules). Section 3(g) of the TSR Act defined Enrolled Followers as persons appointed to do work such as cook, masalchi, water-carrier, mess-servant, ward-boy, washerman, cobbler, barber, sweeper, helper or cleaner. Section 5 empowered the Commandant to appoint Enrolled Followers, and Section 9 vested superintendence and control in the State Government. Section 22 enabled the State Government to make rules, and under Rule 8 of the TSR Rules, recruitment methods included direct recruitment, promotion, re-employment and deputation/transfer; 75% of direct recruitment was reserved for candidates within Tripura and 25% for outside states. Rule 24 prescribed eligibility and tests, with the Inspector-General empowered to specify tests; after the Tripura State Rifles (Second Amendment) Act, 2006, the Director General of Police replaced the Inspector-General for approval of draft recruitment programmes. The factual matrix showed that for total 506 vacancies of Enrolled Followers, recruitment was bifurcated into inside-state quota (372 posts) and outside-state quota (134 posts). The Police Headquarters communicated vacancies to the Home Department, which approved initiation of recruitment. Draft recruitment programmes were approved, advertisements issued on 09.09.2016 and 14.09.2016 respectively, and recruitment rallies conducted. The proceedings were submitted for character verification; appointments were to be issued after verification. On 13.07.2017, the Commandant sought more time; the DGP granted three months. On 17.10.2017, the Commandant requested suspension of appointment offers due to some forged certificates noticed during verification. The Secretary, LR & Law opined that offers should be issued only after verification, and in case of delay, offers could be issued excluding unverified cases; DGP approved on 15.11.2017. While the recruitment process was ongoing, State Assembly elections intervened and a new government formed on 03.03.2018. On 14.03.2018, the State Government issued an Abeyance Memorandum keeping all ongoing recruitment processes in abeyance until further orders. On 05.06.2018, a New Recruitment Policy was issued, which inter alia mandated written test as primary means of selection, abolished interview for Group-D posts, and capped interview weight for certain posts. This halted the Enrolled Followers recruitment midway. Aggrieved candidates challenged the cancellation before the High Court, but the Division Bench dismissed the writ petitions by judgment dated 03.10.2019. The appellants filed two sets of civil appeals before the Supreme Court. The core legal issue was whether the State Government could cancel an ongoing recruitment process midstream through a policy decision, especially after substantial completion and when selection was governed by statutory rules. The Supreme Court examined the statutory framework and procedural chronology. The provided judgment excerpt does not include the final operative directions or decision.
Headnote
A) Service Law - Recruitment of Enrolled Followers - Statutory Framework - Tripura State Rifles Act, 1983, Sections 3(g), 3(s), 4, 5, 9, 22 - Enrolled Followers defined as persons appointed to do work of cook, masalchi, water-carrier, mess-servant, ward-boy, washerman, cobbler, barber, sweeper, helper or cleaner; State Government has superintendence and control over Tripura State Rifles; the Act is a complete code for constitution and recruitment of Tripura State Rifles; Held that TSR Act is a complete code in itself (Paras 2-3). B) Service Law - Recruitment Rules and Quota - Appointment Method and State Quota - Tripura State Rifles (Recruitment) Rules, 1984, Rule 8 - Rule 8 provides methods of appointment including direct recruitment, promotion, re-employment and deputation/transfer; 75% of direct recruitment from within Tripura and 25% from outside; appointing authority for Enrolled Followers is Commandant; recruitment for 506 vacancies bifurcated into inside-state and outside-state quotas (Paras 3, 6). C) Service Law - Recruitment Tests - Inspector General's Power Replaced by DGP - Tripura State Rifles (Recruitment) Rules, 1984, Rule 24(e) read with Tripura State Rifles (Second Amendment) Act, 2006 - Rule 24(e) empowered Inspector-General to specify tests; after Second Amendment, Inspector-General replaced by DGP; draft recruitment programmes approved by DGP had statutory backing (Para 5). D) Service Law - Cancellation of Ongoing Recruitment - Abeyance Memorandum and New Recruitment Policy - General Administration (Personnel & Training) Department Memorandum dated 14.03.2018 and New Recruitment Policy dated 05.06.2018 - State Government kept all ongoing recruitments in abeyance and introduced new policy requiring written test as primary means, abolishing interview for Group-D posts, etc.; recruitment process for Enrolled Followers halted midway; appeals challenged High Court judgment upholding cancellation (Paras 8-9).
Issue of Consideration
Whether the State Government could cancel an ongoing recruitment process for Enrolled Followers midway by issuing the Abeyance Memorandum dated 14.03.2018 and the New Recruitment Policy dated 05.06.2018, and whether the High Court erred in upholding such cancellation.
Law Points
- Recruitment of Enrolled Followers is governed by Tripura State Rifles Act
- 1983 and Tripura State Rifles (Recruitment) Rules
- 1984
- TSR Act is a complete code for constitution and recruitment
- State Government has superintendence and control under Section 9
- Rule 8 prescribes methods and quotas with 75% inside-state and 25% outside-state direct recruitment
- Rule 24 specifies eligibility and tests
- Inspector-General's power to specify tests replaced by DGP under Tripura State Rifles (Second Amendment) Act
- 2006
- ongoing recruitment process cannot be halted midway by a policy decision without statutory backing
