- (1.) Registrar General of this High Court preferred the instant appeal assailing the judgment and order dated July 30, 2010 passed by a learned Judge of this Court whereby and whereunder the said learned Judge allowed the writ-petition filed by a candidate who participated in the West Bengal Judicial Service Examination, 2007.
(2.) The facts leading to this appeal are briefly stated hereinafter. The respondent-writ petitioner is a Scheduled Tribe and belongs to "Gond" community, which has been recognised as a Scheduled Tribe by way of amendment of the Scheduled Castes and Scheduled Tribes Act, 1976. The father of the petitioner is a Scheduled Tribe, and his status as such has been recognised by the S.D.O., Barrackpore who issued a certificate in this regard on 10th September, 1985. The respondent-writ petitioner also applied for issuance of the Caste Certificate before the S.D.O., Barrackpore on 11th April, 2002. The Director, Backward Class Welfare, Govt. of West Bengal also issued a certificate recognising the respondent-writ petitioner as a Scheduled Tribe being a member of "Gond" community. The Director, Backward Class Welfare, Govt. of West Bengal issued the aforesaid certificate being a competent authority under the Notification No. 837/TW/EC/6M-58/89 dated 12th September, 1990. The writ petitioner was also enrolled as an advocate with effect from 23rd September, 2006. An advertisement was published in the newspaper by the Public Service Commission, West Bengal inviting applications from the eligible candidates for recruitment to the West Bengal Judicial Service. Eleven vacancies were kept reserved for Scheduled Tribe Candidates. The respondent-writ petitioner submitted his application form for the aforesaid West Bengal Judicial Service Examination. The said respondent-writ petitioner, however claimed himself as a Scheduled Tribe Candidate while submitting the prescribed application form for the West Bengal Judicial Service Examination by putting a 'Tick' mark within the box specified for mentioning the community in the said application form. The respondent-writ petitioner also mentioned his Sub-Caste as 'Gond' in the specified box of the said application form. The respondent-writ petitioner specifically mentioned in the application form that he has applied before the S.D.O., Barrackpore for issuance of the Scheduled Tribe Certificate. The respondent-writ petitioner enclosed the Caste Certificate issued by the Director, Backward Class Welfare, Govt. of West Bengal along with the application form. The result of the aforesaid West Bengal Judicial Service Examination was published on 29th September, 2007 wherein the name of the petitioner was shown as a General Category candidate. The said respondent-writ petitioner thereafter appeared in the personality test on 4th December, 2007 and the list of selected candidates was published on 23rd March, 2008 wherein the name of the petitioner was also shown as a General Category candidate and not in the category of Scheduled Tribe.
(3.) The learned counsel representing the appellant submitted that the respondent-writ petitioner having understood his caste status purchased the application form upon payment of the prescribed fees of Rs. 200/- which is charged from the General Category candidates.;