- (1.) Sri Anjan Bhattacharya, learned counsel appears for the petitioner and submits although the petitioner secured 34 marks in the written test for appointment as 'Group-D staff' in the judgeship of Dakshin Dinajpur, candidates who had secured lower marks for the category unreserved (exempted) have been called for the interview. The specific submission is made by Sri Bhattacharya, on instructions, that the petitioner applied for the unreserved (exempted category) in respect of the said post.
(2.) Sri Jahar Lal De, learned State counsel appears and submits that complete instructions are yet to be received by him. Sri De points out that from the contents of the writ petition it is nowhere evident that the petitioner applied for the unreserved (exempted category). Further, from the list of successful candidates as annexed to the writ petition, Sri De points out that in the general category of candidates the petitioner is not eligible. Sri De insists that the petitioner be called upon to clarify his category status of applying for the examination at the first instance.
(3.) Having heard the parties and considering the materials placed and, taking notice of the list of the interviewees called for the viva-voce test under the unreserved (exempted category) this Court finds that admittedly the petitioner had secured more marks in the written examination.;