SHRINIVAS PRASAD SHAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a writ by an unsuccessful candidate in the selection process for recruitment of judicial officers in the West Bengal Judicial Service. He was unsuccessful in the selection process of 2007.

(2.) Under Article 234 of the Constitution of India appointment of any person to the Judicial Service of a State shall be made by the Governor of the State according to rules made by him in consultation with the State Public Service Commission and the State High Court. The Public Service Commission, West Bengal conducts the West Bengal Judicial Service Examination. On 17th February, 2007, this Public Service Commission circulated information to prospective candidates about the holding of the West Bengal Judicial Service Examination, 2007. The examination had three stages (i) preliminary examination (ii) final examination and (iii) personality test. It was announced that the preliminary examination would be held in Kolkata and Darjeeling in May 2007. The number of vacancies notified was 109. Eleven posts were reserved for Schedule Tribe candidates. According to the above advertisement, the application form was to be accompanied by inter alia attested copies of certificate of age, educational qualification, enrolment certificate of the Bar Council and so on. A Schedule Caste or Schedule Tribe candidate had to furnish attested copies of documents issued by a "competent authority". The details of the certificate to be provided by a Schedule Caste or Schedule Tribe candidate were specified in another portion of the application form which said that the competent authority was the competent authority under the West Bengal SCs and STs (Identification) Act, 1994 and SCs/STs Welfare Department Order No. 261 -TW/EC/MR-103/94 dated 6th April, 1995. Such competent authority in the district was the Sub-Divisional Officer of the Sub-Division concerned. The eligible qualification for taking this examination was a degree in law from a recognized university or institution, by a citizen of India who subsequently was enrolled as Advocate in the roll of the Bar Council of a State or Union Territory of India on the date of advertisement for the examination. Age limit was between 23 years and 35 years on the date of the advertisement. The upper age limit was relaxable by 5 years in case of SC and ST candidates.

(3.) Now, if the said authorities had scrutinized the application form and declared it as defective upon intimation to the writ petitioner on the ground that the necessary certificate of the Sub-Divisional Officer was not enclosed as proof of his claim to be a member of the Schedule Tribe, it would have been an entirely different story. But what the authorities did was this. They accepted the application form together with the certificate. While working at their desks they classified the writ petitioner as a general candidate. The writ petitioner always thought that he was writing the examination as a Schedule Tribe candidate. Also, possibly, speculating whether he could succeed as a general candidate. If not, to immediately lodge his claim to be appointed as a Schedule Tribe candidate. The examination authorities treated the writ petitioner as a general candidate, without even informing him' of this. It is because of this fault that the respondents have found themselves involved in this writ application from where it is very difficult for them to get out.