MITHI MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(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:

(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: