PRAKASH HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Public Service Commission, West Bengal (hereafter the PSC, for short) published an advertisement bearing no.4/2010 dated May 5, 2010 (hereafter the said advertisement, for short). Applications were invited thereby for appointment on, inter alia, 193 (one hundred ninety-three) vacant posts of Homeopathic Medical Officer in the West Bengal Homoeopathic Health Service (hereafter the WBHHS, for short). Of such vacancies, 43 (forty-three), 12 (twelve), 14 (fourteen) and 6 (six) vacancies were reserved for Scheduled Caste, Scheduled Tribe, Backward Classes and Persons with Disabilities, respectively. A job aspirant, not more than 40 (forty) years as on January 1, 2010, was required to possess a diploma in Homeopathy or the qualification of a recognized University or Institute as included in the Second Schedule of the Homeopathy Central Council Act, 1973 and have knowledge of Bengali, spoken and written. These were indicated in the said advertisement as the essential qualifications. The desirable qualifications were also indicated in the said advertisement. A note at the foot of the qualifications also required the job aspirants to be registered with the Central Council of Homeopathy or the Council of Homeopathic System of Medicine, West Bengal.

(2.) Under the heading 'INFORMATION', paragraph 4 read as follows:

(3.) A preliminary written examination was conducted by the PSC on January 22, 2011. This was followed by interview of 459 (four hundred fifty-nine) successful candidates of the written examination, held during June/July, 2011. A merit list was published on August 11, 2011 containing names of 179 (one hundred seventy-nine) candidates (General 118, BC 14, SC 43, ST 3, and PH 1) who were recommended for appointment, whereafter the list of candidates appointed on the recommendation of the PSC was published on November 28, 2011. It is not in dispute that the appointees having joined, they are serving as Homeopathic Medical Officers since December, 2011.