1 2
Page of
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.148 of 2024
Smt. Parbati Sarkar
….Petitioner(s)
Versus
The State of Tripura and 2 Ors.
….Respondent(s)
For the Petitioner(s) : Mr. Somik Deb, Sr. Advocate
For the Respondent(s) : Mr. B. Debbarma, Advocate
Mr. Ratan Datta, Advocate
HON’BLE MR. JUSTICE ARINDAM LODH
Order
30/04/2024
Heard Mr. Somik Deb, learned senior counsel appearing for the
petitioner. Also heard Mr. Ratan Datta, learned counsel appearing for
respondents no.1 and 2 and Mr. B. Debbarma, learned counsel appearing for
respondent no.3.
Learned counsel appearing for the parties have submitted that the
instant writ petition is squarely covered by a decision passed by this Court in
WP(C) No.461 of 2021 titled as Smt. Pratima Sarkar vs. The State of
Tripura & Ors.and other connected writ petitions In the case of Smt.
Pratima Sarkar(supra), the cancellation of SC certificates granted in favour
of Smt. Pratima Sarkar and her brothers and sister were under challenge.
Upon hearing the learned counsel appearing for the parties this Court held
that the cancellation of SC certificates of those petitioners were illegal and
void ab initio
and accordingly, set aside the impugned order of cancellation
of their caste certificates.
Against the order passed by this court, the respondents-State preferred
an intra-court appeal. Upon hearing the learned counsel appearing for the
parties, the concerned Division Bench upheld and affirmed the judgment and
order passed by this Court setting aside the cancellation order of the SC
certificate issued in favour of the petitioner of WP(C) No.461 of
2021(supra).
Thereafter, the respondents-
State preferred SLP before the Hon’ble
Supreme Court. It is submitted that the said SLP has also been dismissed.
2 2
Page of
By filing the instant writ petition, another sister namely, Smt. Parbati
Sarkar raised the issue that she is full-blooded sister of Smt. Pratima Sarkar,
the petitioner in WP(C) No.461 of 2021. So, the cancellation of her SC
certificate also is required to be interfered with by this Court.
I have gone through the records and heard the submissions of learned
counsel appearing for the parties.
Having perused the records, I find that the present case is squarely
covered by the judgment and order passed in WP(C) No.461 of 2021.
Accordingly, the impugned order of cancellation of the SC certificate
Annexure-2
dated 19.10.2016 issued by the SLSC in favour of the petitioner(
to the writ petition) stands set aside and quashed.
The petitioner is entitled to get all service benefits. However, it shall be
fixed notionally. The respondent no.3 is directed to re-instate the petitioner,
Smt. Parbati Sarkar immediately.
Accordingly, the instant writ petition stands allowed and thus the same
is disposed of.
JUDGE
Snigdha
SAIKAT Digitally signed by
SAIKAT KAR
KAR Date: 2024.04.30
16:14:18 +05'30'