MINAKSHI CHAKRABORTY Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) THE Petitioner in W.P. No.1730 of 2008(Ms. Minakshi Chakraborty) has prayed for cancellation of the candidature of the Petitioner in W.P. No. 8192(W) of 2010 and who, is the Respondent No.4 in the said W.P. No.1730 of 2008. She has also prayed for cancellation of the letter of appointment that may have been issued in favour of Ms. Chaitali Kundu and has also made a prayer that the Registrar General, Appellate Side, be restrained from issuing any joining letter to her thereby allowing her to join as Civil Judge (Jr. Division) upon her recruitment through the West Bengal Judicial Service Examination of 2007. She has further prayed that as a consequence, the concerned Respondents be directed to issue appointment and joining letters to her on the post of Civil Judge (Jr. Division).Other consequential prayers have also been made including an Order that the Registrar General of this Court be directed to keep one post vacant in the General category until further Orders.

(2.) THE Petitioner in W.P. No.1730 of 2008, Minakshi Chakraborty (hereinafter referred to by name) has stated that she is an eligible candidate for recruitment to the post of Civil Judge (Jr. Division) on the basis of the results declared in the West Bengal Judicial Service Examination, 2007. According to her, she was granted Roll No. 0100122 and the written examinations were held on 17.7.2007. THE results were published/announced on 29.9.2007. Upon completion of the viva-voce, the final Merit List was published/declared on 23.3.2008. Minakshis position, in the said List was 76. However, a decision was taken to fill up only 75 posts from the empanelled candidates from the General category.

(3.) MINAKSHI has relied upon Annexure P-1 (i.e. the Application Format) in support of such a contention. She has further stated that Clause No. 16 of the Application Format consisted of a Column which required the candidates to Declare any previous employment that he/she may have held. The candidates were further instructed to solemnly Declare, vide a Declaration, that if any information was found to be false, then the candidature of such a candidate would be liable to be cancelled. It was also mentioned that candidates who were in Government Service or in service of any Local or a Statutory Body, must submit their applications with an undertaking to the effect that they have informed, in writing, their Head of Office/Department as to their applying for the examinations for judicial service. According to MINAKSHI, Chaitali Kundu had been working as an Assistant Controller, Womens Correctional Home, Purulia, since 11.4.2005. She has further stated that in reply to her application under the Right to Information Act, 2005, the State Public Information Officer and the Deputy Secretary, Public Service Commission, Government of West Bengal informed, by letter dated 21.8.2008 (Annexure P-3), that Chaitali Kundu had mentioned nothing qua her employment in the application for the West Bengal Judicial Service Examination, 2007. It was also mentioned in the said letter that another candidate being Protyai Chowdhury (Roll No. 0100028) had also not mentioned anything with regard to his employment in the said application.