- (1.) The appellants have all participated in the examination conducted for appointment to the post of Civil Judge (Junior Division)/Judicial Magistrate in the West Bengal Judicial Service. All except the appellants in FMA No.4418 of 2014, AST No. 38 of 2014, AST No.46 of 2014 and AST No.47 of 2014 were selected. However, none of them were issued appointment orders which prompted them to file writ petitions under Article 226 of the Constitution of India. The writ petitions were dismissed on account of the delay and laches in filing the same. Aggrieved by the decision of the learned single judge the appellants have preferred the present appeals. The issues agitated before us arise in the following manner:
(2.) The cadre strength of Civil Judges (Junior Division) was increased in the State of West Bengal from 351 judges to 375, with the approval of the Cabinet and the Finance Department of the Government of West Bengal in the year 2008. A resolution was passed by the Administrative Committee of the Calcutta High Court on 28th October, 2009 noting that there was no proper consultation with the High Court by the State Government within the meaning of Rule 8 of the West Bengal Judicial (Conditions of Service) Rules, 2004. The Committee considered the hardship which could be caused to the persons who had been appointed in breach of the provisions of the aforesaid Rule and allowed the posting of 51 candidates vide a Notification issued by the Court on 21st November, 2009. Resultantly the strength of cadre of Civil Judge (Junior Division)/Judicial Magistrate rose to 357 which was in excess of the sanctioned strength of 351.
(3.) Earlier in the year, adhering to the time schedule prescribed by the Supreme Court inMalik Mazhar Sultan & Anr vs. U. P. Public Service Commission & Ors, 2008 17 SCC 703 for holding examinations for recruitment to the aforesaid post of judicial officers, the High Court informed the Public Service Commission, West Bengal (for short 'PSC') that there were 26 clear vacancies for the year 2009 and 37 anticipated vacancies which could arise due to death, voluntary retirement, resignation or unwillingness of the selected candidate to join service. Accordingly the PSC advertised the vacant posts on 1st February 2009. The select list of 114 successful candidates was published in November 2009 and forwarded to the High Court for necessary action. The Public Service Commission recommended the names of 61 candidates for appointment in 2009; 25 candidates as Civil Judge (Junior Division) in the West Bengal Judicial Service against the 26 vacancies and 2 persons against the future vacancies as described in Malik Mazhar Sultan . The Registrar (Judicial Service), High Court, Calcutta by his letter dated 27th January, 2010 to the Secretaryin-Charge (Judicial Department), Government of West Bengal, requested the State to process the appointment of 18 candidates who were successful and to keep the remaining 9 candidates on the waiting list for being considered against the vacancies that could arise due to death, voluntary retirement or resignation of the existing officers or if the selected candidates were unwilling to accept the appointment.;