Tapen Sen, J. - (1.) THESE 9 (Nine) Writ Petitioners had appeared in the West Bengal Judicial Service Examinations, 2009 (hereinafter referred to as the 2009 Examinations) for being appointed as Civil Judges (Junior Division) in the West Bengal Judicial Service pursuant to an advertisement published by the West Bengal Public Service Commission in the Newspapers on 31.1.2009 as contained in Annexure-P/1. In the said advertisement itself, it was intimated that :- (a) the number of vacancies arising in 2009 was 26 (General-19, BC-02, SC-03, ST-01 and PH-01); (b) the number of vacancies which may arise due to death, voluntary retirement, resignation or unwillingness to join the service by selected candidates was 37 (General-27, BC-03, SC-04, ST-02 and PH-01).
(2.) THE Petitioners have stated that the closing date for receipt of the Applications was 2.3.2009. THE Petitioners, being eligible, duly applied before the said West Bengal Public Service Commission (Respondent No. 7) (hereinafter referred to as the PSC) and they also duly appeared in the said examinations which were held on 10.5.2009. After having cleared the preliminary examinations successfully, they were then asked to appear in the final written examinations which were held between 1.7.2009 and 10.7.2009. THE final result was published in the Website of the PSC and by a letter dated 30.11.2009, the PSC informed the Secretary-in-charge to the Government of West Bengal, Judicial Department that 25 candidates as recommended by the PSC from the select list against 25 out of 26 clear vacancies (General-19, BC-02, SC-03, ST-01 and PH-01) were being forwarded/communicated and that the names had been arranged in Order of merit. The PSC also recommended the names of 36 candidates from the select list against 36 vacancies out of 37 (General-27, BC-03, SC-04, ST-02 and PH-01). They also mentioned that in both the categories, no recommendations could be made against the physically handicapped vacancy of one for want of qualified PH candidates.
(3.) UPON a perusal of the recommended names of the two categories above, it would be evident that against the 26 vacancies for which 25 names had been recommended, the PSC placed the Petitioner Nos. 1 to 7 at Sl. Nos. 19 to 25 and against the 37 vacancies for which 36 candidates had been recommended, it placed the Petitioner Nos. 8 and 9 at Sl. Nos. 1 and 2 thereof. By reason of the said letter, the PSC requested the Judicial Department to verify the eligibility of the candidates on the basis of the original Certificates/documents filed by them. It was also informed that the medical examinations and antecedents of the candidates had however not been conducted and therefore appropriate action in that regard was requested to be taken.;