HARISH TANDON,J. - (1.) THE most debated issue evoked from the respective stands of the parties relates to maintainability of the writ petition filed belatedly concerning the Recruitment Process Undertaking in the year 2009 for the post of Civil Judge (Junior Division)/(Judicial Magistrate), in West Bengal Judicial Service.
(2.) THE Supreme Court in case of Malik Mazhar Sultan (3) and another ­vs -. U.P. Public Service Commission & Ors., reported in (2008) 17 SCC 703 passed directions for filling up the vacancies in the cadre of District Judge, Civil Judge (Senior Division) and Civil Judge (Junior Division) by providing the mechanism therefor. The subject matter of the present writ petition relates to the filling up of the vacancies in the cadre of the Civil Judge (Junior Division) by direct recruitment and the manner and the procedure to be followed are aptly quoted for effectual discussion which are as follows: "D. For appointment to the posts of Civil Judge (Junior Division) by direct recruitment Sl No. Description Date 1. Number of vacancies to be notified by 15 th January The High Court. Vacancies to be calculated including (a) Existing vacancies. (b) Future vacancies that may arise within one year due to retirement. (c) Future vacancies that may arise due to promotion, death or otherwise, say ten per cent of the number of posts. 2. Advertisement inviting applications from 1st February eligible candidates. 3. Last date for receipt of application. 1st March 4. Publication of list of eligible applicants. 2nd April The list may be put on the website. 5. Dispatch/Issue of admit cards to the 2nd to 30th April eligible applicants. 6. Preliminary written examination 15th May objective questions with multiple choice which can be scrutinized by computer. 7. Declaration of result of preliminary written 15th June examination (a) Result may be put on the website and also published in the Newspaper. (b) The ratio of 1:10 of the available vacancies to the successful candidates be maintained. 8. Final written examination 15th July Subjective/Narrative 9. Declaration of result of final written 30th August examination (a) Result may be put on the website and also published in the newspaper. (b) the ratio of 1:3 of the available vacancies to the successful candidates be maintained. (c) Dates of interview of the successful candidates may be put on the internet which can be printed by the candidates and no separate intimation of the date of interview need be sent. 10. Viva voce. 1st to 15th Oct 11. Declaration of final select list and communication to the appointing authority 1st November (a) Result may be put on the website and also published in the newspaper. (b) select list be published in order of merit and should be double the number of vacancies notified. 12. issue of appointment letter by the competent 1st December authority for all existing vacant posts as on date. 13. Last date for joining. 2nd January of the following year." In the above referred decision, the Supreme Court clearly and explicitly indicated that the select list prepared for all categories of the Judicial Officer will be valid till the next select list is published. The above noted directions makes imperative on the High Court to notify the number of vacancies which should include the existing vacancies, future vacancies that may arise within one year of the retirement and future vacancies that may arise due to promotion, death or otherwise. The different time schedules are provided for particular act indicated in the said directions for its adherence. By letter dated 13th January, 2009, the Registrar (Judicial Service), High Court, Calcutta, the vacancy in the rank of Civil Judge (Junior Division)/Judicial Magistrate for the year 2009 was communicated to the Secretary to the Government of West Bengal, Junior Division which is set out hereunder: JUDGEMENT_21_TLCAL0_2014.htm
(3.) IN response to the above, the Secretary -in -Charge, Junior Division, Government of West Bengal requested the Public Service Commission, West Bengal to take steps for filling up 63 vacancies from the results of the West Bengal Judicial Service Examination, 2009. The Public Service Commission reciprocated by making an advertisement notifying the available vacancies as under: "Vacancies: (a) The number of vacancies arising in 2009 -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 - 37 (General -27, BC -03, SC -04, ST - 02 and PH -01.)" ;