Decided on December 25,2003

Kazi Abdul Hassem And Ors. Appellant


Bhaskar Bhattacharya, J. - (1.)All these writ applications were heard together as same points were involved therein. I however, propose to consider W.P.No. 16485(W) of 2002 first. W.P. No.16485 (W) of 2002 By this application, the writ petitioners, to whom the Public Service Commission issued interview letters for personality test along with other successful candidates, have prayed for direction upon the respondents to declare the number of vacancies which existed for the West Bengal Civil Service (Judicial) Special Examination, 2000, with a further direction upon the Public Service Commission to publish and recommend the names of all eligible candidates who came within the limit of qualifying marks fixed in the examination for appointment. The writ petitioners have further prayed for direction upon the State respondent to de-reserve eleven vacancies earmarked for Scheduled Tribes categories so that the petitioners could stand a fair chance for recommendation to those vacancies. The petitioners have direction given by the Supreme Court of India in the case of All India Judges Association and Others Vs. Union of India and Others reported in 2002(4) SCC 247.
(2.)The following facts are not in dispute :
(a) Public Service Commission, West Bengal, published an advertisement for holding examination for the recruitments to the West Bengal Judicial Service for the year 2000 and the said examination was described as West Bengal Civil Service (Judicial) Special Examination, 2000. In the said advertisement criteria for appearing in the examination were mentioned however, the number of vacancies was not announced and it was declared that the same would be announced by a subsequent notification.

(b) Pursuant to the aforesaid advertisement, the petitioners made applications for appearing in the said examination and subsequently call letters were issued to the petitioners for the written examination, the probable time of the examination was however, mentioned as November-December, 2000.

(c) The result of written examination was published on 25th May, 2002 by press circulation and thereafter the Public Service Commission issued interview letters for personality test to the petitioners along with the other successful candidates. Altogether 120 candidates including the petitioners were called for the personality test and such test was held from 11th June, 2002 to 26th June, 2002.

(d) Ultimately, final results prepared on the basis of aggregate of the marks obtained in the written examinations and the personality test, were published by press circulation on 22nd Aug., 2002 and the said list contained the names of only 57 candidates who were selected and recommended for the recruitment to the Judicial Department of the Government of West Bengal by the West Bengal Public Service Commission as detailed below :

(i) General candidates 44

(ii) Backward Class 06

(iii) Scheduled Caste 07

Total 57
The petitioners' names did not find place in the final result.
(3.)The petitioners complain that neither the merit list for the written examination and/or personality tests nor the total number of available seats was notified or 1 published by the Public Service Commission. In this writ application, the petitioners have asserted that they had come to know from enquiries that 156 vacancies were available for the year 2000, but in total disregard to the norms and rules, the State Government forwarded only 68 vacancies to the Public Service Commission as available vacancies for the said examination. According to the petitioners, even out of 68 declared vacancies, 11 vacancies which were kept apart for Schedule Tribes candidates were not recommended by the Public Service Commission due to the reason of non-availability of the Schedule Tribes candidate. It is specifically stated that in the list of 120 candidates who were called for the personality test, not a single candidate under Schedule Tribe category figured.

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