- (1.) Principal question to be decided in this appeal is whether the High Court was justified in refusing to issue posting orders in favour of these 9 (Nine) appellants who have been selected and recommended by the Public Service Commission, West Bengal on the basis of the results of the West Bengal Judicial Service Examination, 2009 for the post of Civil Judge (Junior Division) and subsequently appointed by the Prescribed Appointing Authority namely, the Governor of West Bengal.
(2.) The facts giving rise to the present appeal are briefly stated hereinafter. The vacancies for recruitment in West Bengal Judicial Service in the rank of Civil Judge (Junior Division)/Judicial Magistrate for the year, 2009 were reported by the Registrar (Judicial Service), High Court, Calcutta to the Secretary, Judicial Department, Government of West Bengal by the written communication dated 13th January, 2009 pursuant to the direction of the Hon ble Supreme Court in the case of Malik Mazahar Sultan & Anr. Vs. U. P. Service Commission & Ors. The aforesaid written communication of the Registrar (Judicial Service), High Court, Calcutta dated 13th January, 2009 is set out hereunder :- JUDGEMENT_1176_TLCAL0_2011.html
(3.) The Secretary-in-Charge (Judicial Department), Govt. of West Bengal, however, requested the Public Service Commission, West Bengal by the written communication dated 16th January, 2009 to take appropriate steps for filling up 63 vacancies on the basis of the results of the West Bengal Judicial Service Examination, 2009.;