- (1.) Leave granted.
(2.) The question raised in this case is whether the Public Service Commission of West Bengal (for short 'the Commission') was justified in considering the application of respondent No.1 as a general candidate for recruitment to the West Bengal Judicial Service Examination, 2007 rather than a member of the Scheduled Tribe Community.
(3.) The Commission circulated a notification on 17th January, 2007 for the information to the candidates on 17th February, 2007 of its conducting West Bengal Judicial Service Examination 2007. In response to the said information the respondent submitted his application by paying an amount of Rs.200/-, as required by the candidates in the general category in order to appear for the examination of 2007. In the application form he had mentioned that he belonged to 'Gonda Community' - Scheduled Tribe Community and also attached a certificate from the Director, Backward Class Welfare, West Bengal. The Commission considered the application of the respondent as a general candidate since he had not produced the certificate required to be produced from the competent authority. The respondent then attended preliminary examination and final examination as a general candidate. The result of the West Bengal Judicial Service Examination 2007 was published in the newspapers on 29.9.2007 and the respondent was shown as a general category candidate. Later the respondent appeared for the personality test as a general category candidate on 4.12.2007. The Commission published the list of 152 selected candidates on 20.3.2008 and the respondent's name was rank No.86 among the general category candidates, he could not get appointment.;