Tripura High Court Overturns Age Relaxation in Police Promotions

Court Emphasizes Adherence to Established Rules Over Arbitrary Relaxation

In a significant judgment, the Tripura High Court has set aside a previous ruling that allowed age relaxation for promotions within the Tripura Police Service to Grade-II. This decision, delivered by a bench comprising Chief Justice M.S. Ramachandra Rao and Justice S. Datta Purkayastha, emphasizes the necessity for strict adherence to the Tripura Police Service Rules, 1967, particularly in the context of age and eligibility criteria for promotions.

The case involved appellants who challenged an earlier decision by a Single Judge that permitted age relaxation for respondents who had crossed the age limit set for promotion. The Single Judge had originally ruled in favor of the respondents, directing the state to relax the age bar, citing reasons such as legitimate expectation and the impact of a status quo order from the Supreme Court on promotions.

However, the Division Bench highlighted past precedents, notably the Division Bench judgment in the case of Raju Ghosh, which stressed that relaxation should only be considered when no eligible candidates are available to fill vacancies. It criticized the earlier judgment for not considering these precedents and for directing relaxation without a compelling reason.

The court noted that Rule 34 of the Tripura Police Service Rules, which allows for discretionary relaxation, does not impose an obligation on the state to relax rules arbitrarily. The bench asserted that administrative complications and potential public interest issues are valid grounds for denying such relaxation.

The judgment underscores the doctrine of legitimate expectation, clarifying that it grants a right to a fair hearing but does not guarantee an outcome in the absence of overriding public interest. The court found that the reasons provided by the state for denying relaxation, such as potential administrative chaos and fairness to other eligible candidates, were neither arbitrary nor unreasonable.

The High Court’s ruling reverts any promotions made under the previous judgment and mandates that promotions should proceed strictly according to the existing rules without relaxation. The state has been directed to complete this process within eight weeks.

This decision is poised to have significant implications for the administration of service rules and the exercise of discretion in state governance, reinforcing the importance of consistency and adherence to established legal frameworks.

Bottom Line:

Service Law - Promotion to the post of Tripura Police Service Grade-II - Age relaxation in eligibility criteria - State Government's discretion to relax rules under Rule 34 of Tripura Police Service Rules, 1967, must be exercised only when deemed necessary or expedient, and cannot be directed by the Court unless the refusal is arbitrary or irrational.

Statutory provision(s): Rule 34 of Tripura Police Service Rules, 1967, Article 14 of the Constitution of India

Sri Jatindra Das v. State of Tripura, (Tripura)(DB) : Law Finder Doc Id # 2820716