( 1 ) THIS appeal involves an interesting issue as to the appointment in the post of Judicial Officer in West Bengal Civil Service (Judicial ).

( 2 ) FIVE writ petitioners belonging to Schedule 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.

( 3 ) 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 filling up of the vacancies notified therein. In the said advertisement vacancies were notified for 141 Judicial Officers, which was the vacancy position for the year of 2003, of which 103 posts were reserved for General Categories, 13 posts for Scheduled Caste candidates,18 posts for Scheduled Tribe candidates and 7 posts for other backward classes.

( 4 ) IT is not in dispute that pursuant to such advertisement the examination