- (1.) This is a writ by an unsuccessful candidate in the selection process for recruitment of judicial officers in the West Bengal Judicial Service. He was unsuccessful in the selection process of 2007.
(2.) Under Article 234 of the Constitution of India appointment of any person to the Judicial Service of a State shall be made by the Governor of the State according to rules made by him in consultation with the State Public Service Commission and the State High Court. The Public Service Commission, West Bengal conducts the West Bengal Judicial Service Examination. On 17th February, 2007, this Public Service Commission circulated information to prospective candidates about the holding of the West Bengal Judicial Service Examination, 2007. The examination had three stages (i) preliminary examination (ii) final examination and (iii) personality test. It was announced that the preliminary examination would be held in Kolkata and Darjeeling in May 2007. The number of vacancies notified was 109. Eleven posts were reserved for Schedule Tribe candidates. According to the above advertisement, the application form was to be accompanied by inter alia attested copies of certificate of age, educational qualification, enrolment certificate of the Bar Council and so on. A Schedule Caste or Schedule Tribe candidate had to furnish attested copies of documents issued by a "competent authority". The details of the certificate to be provided by a Schedule Caste or Schedule Tribe candidate were specified in another portion of the application form which said that the competent authority was the competent authority under the West Bengal SCs and STs (Identification) Act, 1994 and SCs/STs Welfare Department Order No. 261 -TW/EC/MR-103/94 dated 6th April, 1995. Such competent authority in the district was the Sub-Divisional Officer of the Sub-Division concerned. The eligible qualification for taking this examination was a degree in law from a recognized university or institution, by a citizen of India who subsequently was enrolled as Advocate in the roll of the Bar Council of a State or Union Territory of India on the date of advertisement for the examination. Age limit was between 23 years and 35 years on the date of the advertisement. The upper age limit was relaxable by 5 years in case of SC and ST candidates. The whole foundation of the case of the writ petitioner is that although he was unsuccessful in the 2007 selection process where he was treated as a general candidate, had he been treated as a Schedule Tribe candidate he would have qualified. Therefore, he claims necessary writs and orders upon the respondents to appoint him on the footing that he was such candidate. FACTS: Now, I turn to the facts in more detail. -At the time of filling up of the form for the concerned examination, the writ petitioner was unable to produce the necessary certificate of the Sub-Divisional Officer as required by the above Act and Rules certifying that he belonged to the Schedule Tribe. He did possess a certificate dated 8th January, 2003 issued by the Director Backward Class Welfare, Government of West Bengal to such effect. According to the writ petitioner he had applied to the Sub-Divisional Officer, Barrackpore for issuance of such certificate on 11th April, 2002 but on the date of his so submitting the application form for the said examination, such certificate was not available. I was told by counsel for all parties that an application form is issued free to inter alia Schedule Tribe candidates but general candidates have to pay Rs.200/- for it. When the writ petitioner could not produce a proper certificate issued by the Sub-Divisional Officer he was issued a form upon payment of Rs.200/-, which is issued to general category candidates. A most interesting situation arose when that particular application form was filled up by the writ petitioner candidate by putting a tick mark in the box with the letter ST over it. Such boxes are provided for in Paragraph 4(a) of the application form for candidates to denote their community or ethnicity. More interestingly the next heading required the candidate to mention the particular tribe or sub-caste to which he or she belonged. On that heading which was 4(b) the writ petitioner mentioned 'Gond' of the State of West Bengal. In the box under the title "issuing authority" the writ petitioner stated "applied for". Now, while enclosing other documents with the application form, the writ petitioner enclosed the said certificate of the Director Backward Class Welfare, Government of West Bengal dated 8th January, 2003 and submitted the application form to the examination conducting authorities.
(3.) Now, if the said authorities had scrutinized the application form and declared it as defective upon intimation to the writ petitioner on the ground that the necessary certificate of the Sub-Divisional Officer was not enclosed as proof of his claim to be a member of the Schedule Tribe, it would have been an entirely different story. But what the authorities did was this. They accepted the application form together with the certificate. While working at their desks they classified the writ petitioner as a general candidate. The writ petitioner always thought that he was writing the examination as a Schedule Tribe candidate. Also, possibly, speculating whether he could succeed as a general candidate. If not, to immediately lodge his claim to be appointed as a Schedule Tribe candidate. The examination authorities treated the writ petitioner as a general candidate, without even informing him' of this. It is because of this fault that the respondents have found themselves involved in this writ application from where it is very difficult for them to get out. The writ petitioner qualified in the examination, and was called for the personality test. The result was published on or about 19th March, 2008. His rank was 86. He was treated as a general category candidate and rejected.;