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CDJ 2026 THC 186 print Preview print Next print
Court : High Court of Tripura
Case No : IA No. 1 of 2026 In WP(C) No. 284 of 2026
Judges: THE HONOURABLE MR. JUSTICE BISWAJIT PALIT
Parties : Pritam Debnath Versus The State of Tripura, Represented by its Secretary, West Tripura & Others
Appearing Advocates : For the Petitioner: Sankar Lodh, Advocate. For the Respondent: Dipankar Sarma, Additional Government Advocate.
Date of Judgment : 01-05-2026
Head Note :-
Subject
Summary :-
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Memo dated 20.03.2026
- Order dated 31.03.2025
- Order dated 06.04.2025
- Order dated 05.07.2025
- Notification dated 18.08.2025

2. Catch Words:
- Suspension
- No Objection Certificate
- Selection test
- Public interest
- Disability
- Interim relief
- Investigation
- Criminal proceeding

3. Summary:
The petitioner, a physically handicapped teacher, was suspended following his arrest in a criminal case, though no disciplinary proceeding (DP) has been initiated. He applied for a No Objection Certificate (NOC) to appear for a selection test for Post Graduate Teacher, but the employer denied it and issued a memo dated 20.03.2026 changing his headquarters. The petitioner filed a writ petition and interim application seeking a stay on the memo and issuance of the NOC. The Court examined the suspension order, the memo, and the employer’s justification, noting the absence of a conviction or DP. It held that denying the NOC curtails the petitioner’s rights and that the memo was issued without considering public interest. Consequently, the Court restrained the employer from implementing the memo and directed issuance of the NOC pending the final disposal of the writ petition.

4. Conclusion:
Injunction Granted
Judgment :-

Heard Learned Counsel Mr. S. Lodh present for the applicant petitioner and also heard Learned Addl. G.A. Mr. D. Sarma present for the respondent OP State.

The applicant-petitioner has filed the writ petition which is pending for adjudication. Along with the main petition this IA was filed praying for staying the operation of the memo dated 20.03.2026 [Annexure-10 of the writ petition] till disposal of the writ petition and also to direct the respondent No.2 to issue NOC to the applicant-petitioner to appear in the selection test for the post of Post Graduate Teacher, 2025.

In course of hearing Learned Counsel appearing for the applicant-petitioner submitted that the petitioner is a physically handicapped person with regard to ‘vision’ having disability to the extent of 80% and after selection he got appointment as a Graduate Teacher and posted at Sadhutilla CMS Girls English Medium School at Renter’s Colony. While he was serving as Graduate Teacher in Sadhutilla CMS Girls English Medium School one of his colleague lodged a false complaint against him to the O/C Agartala, West Agartala Women P.S. and accordingly a case was registered and thereafter he was arrested by police on 18.02.2025 and he was in custody for a substantial period and accordingly by impugned order dated 31.03.2025 the respondent authority suspended the applicant-petitioner from service from the date of his detention i.e. with effect from 17.02.2025. After that the respondent authority by order dated 06.04.2025 ordered for releasing the subsistence allowance in favour of the petitioner and till date he is receiving the subsistence allowance and by another order dated 05.07.2025 his subsistence allowance has been increased. It was further submitted that during suspension the respondent No.3 by a notification dated 18.08.2025 published an advertisement for recruitment to the Post Graduate Teacher in various discipline including Political Science. The petitioner being eligible approached the respondent No.3 through proper channel for issuance of ‘No Objection Certificate’ to appear in the selection test. But when he did not receive the communication from the respondent No.2 he uploaded his online application without enclosing ‘No Objection Certificate’. Thereafter he was issued Admit Card and as per Admit Card the applicant-petitioner appeared in the selection test for the post of Post Graduate Teacher (STPGT). The respondent No.3 published its result on 12.01.2026 and from the result it appeared that the applicant-petitioner got 113 marks out of 150 and as per merit list his merit position will be ‘6’ or ‘7’.

The applicant-petitioner by another letter dated 15.01.2026 approached the respondent No.2 for issuance of ‘No Objection Certificate’, but till today no ‘No Objection Certificate’ issued. So being dissatisfied he has filed this writ petition.

Learned Counsel appearing for the petitioner further submitted that if at the end of the investigation or trial if it is found that the applicant-petitioner has been exonerated, his career will be doomed. So Learned Counsel Mr. Lodh for the applicant-petitioner urged before the Court to stay the impugned memo dated 20.03.2026 [Annexure-10 of the writ petition] till disposal of the writ petition and also to direct the respondent OP No.2 to issue ‘No Objection Certificate’ for appearing in the selection test.

Learned Counsel Mr. Lodh further submitted that till today no DP has been initiated. The period of suspension has not been withdrawn by the authority which is contrary to the statute and as such if the interim prayer is not allowed he would be prejudiced.

Learned Addl. G.A. appeared on instruction and submitted that it is the prerogative of the respondent-authority i.e. the employer to change the headquarters which is also guided by law and since on the basis of a criminal proceeding he was placed under suspension so the authority rightly denied to issue No Objection Certificate.

I have heard both the sides and also perused the order of suspension dated 31.03.2025 [Annexure-2 to the writ petition] and also the memo dated 20.03.2026 [Annexure-10] issued by the respondents authority. On perusal of the said memo dated 20.03.2026 nowhere it is found that the respondents authority has considered the public interest in changing his headquarters i.e. Kailashahar and furthermore since DP has not yet been commenced against the applicant-petitioner so there is no reason at this stage to deny ‘No Objection Certificate’ to the applicant-petitioner to appear in the process of selection test for the post of Post Graduate Teacher. It is not the case of the applicant-petitioner that he has been convicted by any court of law.

Situated thus, I do not find any scope to disallow the prayer of the applicant-petitioner and accordingly it appears that since the order dated 20.03.2026 has been issued without considering the public interest and in spite of representation the respondent authority has not issued any ‘No Objection Certificate’ in favour of the applicant-petitioner. So in my considered view this denial by the respondent-authority tantamounts to curtail the right of the applicant-petitioner. Hence, it is ordered that till disposal of the writ petition the respondent authority shall be restrained from giving effect to memo dated 20.03.2026 and the respondent authority be further asked to issue ‘No Objection Certificate’ in favour of the applicant-petitioner to appear him in the process of STPGT. However, this order shall be subject to outcome of the writ petition.

With this direction and observation, this IA stands disposed of.
 
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