Nishita Mhatre, J. - (1.) These two appeals have been preferred by the High Court at Calcutta through its Registrar General against the judgment and order passed by the Learned Single Judge on 24th August 2011. This judgment was in respect of Writ Petition No. 1730 of 2008 filed by Minakshi Chakraborty (hereinafter referred to as Minakshi) and W.P. No. 1730 of 2008 and 8192(W) of 2010 preferred by Chaitali Kundu (hereinafter referred to as Chaitali). APO No. 365 of 2011 has been preferred against the common judgement and order passed in Minakshi's petition while M.A.T. No. 253 of 2012 has been preferred against the decision in Chaitali's case.
(2.) The brief facts relating to these appeals are as follows:- Both Minakshi and Chaitali appeared for the West Bengal Judicial Service Examination held in 2007. While Minakshi was at Serial No. 76 in the merit list, Chaitali was placed at Serial No. 56. It appears that Chaitali did not furnish the required information regarding her previous employment. When she appeared for the examination, she was employed as Assistant Controller, Purulia, Women's Correctional Home, Purulia from 11th April 2005 and was on leave from 23rd April 2008. Minakshi in her petition contended that the conduct of Chaitali amounted to suppression of material facts and, therefore, her candidature was liable to be cancelled. She further contended that in the event that Chaitali's candidature was cancelled, she, that is Minakshi, would be entitled for appointment as her rank was at Serial No. 76 in the merit list. Minakshi, therefore, sought relief from this Court to direct the Public Service Commission, West Bengal to cancel the candidature of Chaitali. She also prayed that the appointment letter if issued in favour of Chaitali should be cancelled, withdrawn and/or rescinded. A consequential prayer that the appointment order should be issued to Minakshi for the post of Civil Judge Junior Division was also sought.
(3.) Chaitali on the other hand in her petition prayed that she was entitled to be posted as Civil Judge Junior Division as she had already received the appointment letter in her favour from the High Court.;