Executive instructions cannot override Statutory Regulations
In the writ petition, the petitioner-employee had challenged a memorandum issued by the General Administration Department of the State of Tripura by which the selection process for the post in Tripura Civil Service (‘TCS’, for short) and Tripura Police Service (‘TPS’, for short) was cancelled. The petitioner had prayed for a direction to complete the selection process which had already been undertaken for the recruitment to the TCS Grade-IIand TPS Grade-II services to be completed.
Tripura Public Service Commission had issued an advertisement inviting applications from eligible candidates for recruitment to TCS Grade-II and TPS Grade-II (Group-A Gazetted) services by direct recruitment which was governed by Tripura Civil Service Rules, 1965. The petitioner had applied for TCS Grade-II service. A screening test followed by written examinations were conducted. Results of the written examination were also declared. When the oral interviews of successful candidates were pending, upon change of the Government in the State, initially the Government of Tripura issued a notification suspending all pending recruitment and selection processes in the State.
Eventually, the Government of Tripura issued a notification cancelling all existing recruitment processes which notification was impugned in the writ petition. The learned Single Judge allowed the writ petition holding that once the selection process had commenced, any change in the State policy cannot be applied to such a process to cancel the selection process.
Once the recruitment process had started and had reached an advanced stage, the same could not have been cancelled merely because the State Government had formulated a new policy of recruitment. It was noticed that the only significant change brought about in such a new policy was to restrict the marks of the oral interview to 10% of the aggregate as against which as per the then prevailing rules, the oral interview represented 11% of the aggregate marks. Only for such minuscule change, the entire selection process which had reached an advanced stage could not have been cancelled. It was also noted that the proportion of the marks for written as well as oral interviews were prescribed under relevant Regulations which were framed by the Government in the exercise of powers under Rule 6 of the Tripura Civil Service Rules. These regulations were thus like subordinate legislation. The provisions contained in the statutory Regulations could not have been superseded by executive instructions.
Appearing Counsels - A.K. Bhowmik, Advocate General, Debalay Bhattacharjee, G.A.,Karnajit De, Addl. G.A.,Raju Datta, Adv
