The Tripura High Court on Wednesday (September 9) pulled up the State Government over initiating the process for re-creation of 1116 PG teacher posts in various subjects, that according to the Government, had fallen vacant due to death, retirement, resignation and termination of services.

The division bench of the Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit observed:

“We fail to understand how the posts can lapse merely on account of retirement, resignation, death or termination of the services of the incumbent, and why there is a requirement to again re-create those posts. This exercise by the State Government is wholly unnecessary because the posts do not lapse merely because the incumbent dies, retires, resigns, or his services are terminated.”

The Court directed the State Government to forthwith commence the recruitment process for the 1116 vacant posts.

The Court was hearing a suo moto PIL initiated on the basis of certain news reports indicating vacancies of teachers, suspension of recruitment to the post of Headmaster/Headmistress and Inspector of Schools since 2018, and abolition of 118 vacant posts of Inspector of Schools and 288 posts of Headmaster/Headmistress.

During the hearing, the Court perused the additional affidavit filed by the Under Secretary to the Government of Tripura in the School Education Department.

In the said affidavit, it was stated that 1116 PG teachers posts in various subjects had fallen vacant due to death, retirement, resignation and termination of services and that the Department has taken up the process for re-creation of these posts.

With regard the Graduate Teacher posts, it was stated that the requisition had been given to the Teachers Recruitment Board, Tripura on July 5, 2022 for recommendation of names of 230 eligible candidates though there were 2193 posts of Graduate Teachers which had fallen vacant due to retirement, resignation, death or termination of their services.

The Court noted that why such a small fraction of 2193 posts of Graduate Teachers alone are sought to be filled up, has not been explained in the said affidavit. The Court said that it is the duty of the respondents to fill up all those posts and not just a miniscule 230 vacant posts out of them.

It was further stated in the affidavit that there is an Special Leave Petition (SLP) pending with regard to application of rule of reservation for filling these 230 vacancies of Graduate Teachers, in view of a direction issued by the High Court on December 19, 2022 in WP(C) No. 736/2022 being challenged in the Supreme Court.

However, the Court observed that there is no stay order granted by the Supreme Court restraining filling up the posts pending consideration of the said SLP.

“Considering the fact that the children in the schools require these teachers, the respondents are directed to take a decision in this regard by the next date of hearing to appoint such persons in the Graduate Teacher posts, subject to the result in the SLP, so that the students may not suffer as already the academic year has advanced substantially,” the Court directed.

The Court was also informed that the respective Department had created 700 new posts of Graduate Teacher and a requisition had been given to the Teachers Recruitment Board, Tripura on August 5, 2025 and though the said Board had conducted the selection test on February 14, 2026 nothing has happened thereafter.

The Court impleaded the Chairman, Teachers Recruitment Board of Tripura, as the party respondent in the present PIL. The Court directed the said Board to complete the process of filling up of the 700 posts at the earliest and shall file an affidavit of steps taken in that regard by the next date of hearing.

The Court further directed the respondents to fill up vacant posts of 162 Headmasters and 100 Assistant Headmasters in Higher Secondary Schools and 304 posts of Headmasters in High Schools, by following the applicable rules and file an affidavit as to the action taken with regard to the present direction by the next date of hearing.

The matter is listed again on September 21.

Case Title: Court on its own motion v. The Union of India & Others

Case No.: WP(C)(PIL) No. 04 of 2026

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