Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

1058
IN THE HIGH COURT AT CALCUTTA
CIVIL APPEALLATE JURISDICTION
M.A.T. No.1291 of 2005
F.M.A. 301 of 2006
D.D. 27.9.2006
The Hon’ble Justice P.K. Samanta & The Hon’ble Justice Prasenjit Mandal
Nabendu Mondal & Ors. ... Appellants
Vs.
The State of West Bengal & Ors. ... Respondents
Reservation: Whether an Act providing reservation for SCs & STs can be altered by a
notification? - No.
As against 141 posts of Judicial Officer after holding Examination 137 candidates were selected
and appointed – 4 posts reserved under ST category left unfilled for want of eligible candidates under
the said category – Five writ petitioners belonging to ST/OBC categories challenged the recruitment
on grounds among others that proper reservation had not been made as per notification – High Court
examining the relevant rules and orders upheld 10% of posts reserved under ST category but held that
in view of notification dated 6.11.97 amending the percentage of reservation for OBCs by increasing
the same from 5% to 7% held that candidates belonging to OBCs are entitled to two more posts and
consequently, directed selection of Appellant No.5 appearing at Sl.No.12 in the merit list and one
Anil Kr. Kushwaha appearing at Sl.No.10 after dereserving two posts reserved under ST category
which remained unfilled for want of suitable candidates under the said category.
Held:
Although the State Government by issuing notification dated 22.3.1999 made amendment by
enhancing percentage of reservation of post for SC candidates from 10% to 25% in view of West
Bengal SCs & STs (reservation of vacancies in services and posts) Act 1976, providing reservation of
10% for SCs and 5% for STs which provision cannot be altered by a notification.
Prabir Kumar Samanta, J.:-
ORDER
This appeal involves an interesting issue as to the appointment in the post of judicial officer in
West Bengal Civil Service (Judicial).
West Bengal PSC
Five writ petitioners belonging to Scheduled Caste and other backward classes appeared in the West
Bengal Civil Service Judicial Examination held by the Public Service Commission, West Bengal for the
purpose of recruitment in the post of Judicial Officer in West Bengal Judicial Services. Out of the 5
petitioners 3 belong to the Scheduled Castes and the other two belong to other backward classes.
The Public Service Commission, West Bengal, by an Advertisement No.15/2003 dated 29th November, 2003 invited applications for recruitment to the West Bengal Civil Service Judicial for