Chattopadhyay, J. - (1.) INSTANT appeal has been preferred at the instance of the writ petitioner challenging the decision of the respondents for refusing the appointment of the appellant herein to the post of Civil Judge (Junior Division) in spite of empanelment in the merit list published on 23rd March, 2008.
(2.) THE writ petition filed by the appellant herein was heard along with several other writ petitions analogously and a learned Judge of this Court by the common judgment and order dated 10th September, 2009 disposed of all the writ petitions including the writ petition filed by the appellant herein on merits without granting any relief to the appellant herein. The appellant herein is a law graduate and appeared in the West Bengal Judicial Service Examination 2007 pursuant to the advertisement issued by the Public Service Commission, West Bengal. The final result of the aforesaid examination was published by the Public Service Commission, West Bengal on 23rd March, 2008 and the appellant herein was ranked 94th according to merit. It has been alleged on behalf of the appellant that the respondent authorities in an illegal manner refused to appoint the said appellant to the post of Civil Judge (Junior Division) on the plea of non-availability of vacancies. It has been submitted on behalf of the appellant that at least 19 vacancies were not filled up by the respondent authorities which arose due to the creation of 19 Juvenile Justice Boards in pursuance of the order passed by the Division Bench of this Court. It has also been submitted on behalf of the appellant that the respondent No. 1 could not fill up 13 advertised vacancies for want of successful reserved category candidates. According to the appellant, those vacancies should have been de-reserved for accommodating the appellant and other wait listed successful candidates. On behalf of the appellant it has further been submitted that 26 vacancies also arose in the year 2007 due to the promotion of the Judicial Officers and the respondent authorities should have considered the appellant along with other wait-listed candidates for appointment against those vacancies.
(3.) THE learned Counsel representing the High Court Administration, however, submitted that the appellant herein committed error in calculating the number of vacancies to the post of Civil Judge (Junior Division) in the year 2007. According to the High Court Administration the declared vacancies for the General category candidates were only 75 and the appellant secured 94th position in the merit list. THErefore, the said appellant could not be considered for appointment to the said post of Civil Judge (Junior Division) under any circumstances. Mr. Aloke Ghosh, the learned Counsel representing the High Court Administration further submitted that even if 19 vacancies arose due to the creation of 19 Juvenile Justice Boards in pursuance of the order passed by the Division Bench of this Court, the said vacant posts could not be filled up by the candidates selected on the basis of the West Bengal Judicial Service Examination, 2007. Mr. Ghosh submitted that the appellant herein should be concerned in respect of the declared vacancies only.;