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2013 Supreme(Cal) 730

DIPANKAR DATTA
Souvik Mukherjee – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Biswaroop Bhattacharya, Sirsanya Bandopadhyay, Advocates.
For the Respondents:R1 & R2, Sadhan Roy Chowdhury, Moloy Roy, R3 to R5, Amalendu Mitra, Ms. Sarvani Chanda, R6, Kallol Basu, Chandradoy Roy, Advocates.

Judgment :

1. Recruitment to the West Bengal Civil Service (Judicial) is governed by the West Bengal Civil Service (Judicial) Recruitment Rules, 1951 (hereafter the Recruitment Rules). In terms of Rule 2 thereof, recruitment shall be made on the basis of a competitive examination conducted by the Public Service Commission, West Bengal (hereafter the P.S.C.). Rule 3 provides for the qualifications which a candidate must possess. Clause (h) thereof ordains that every candidate must be enrolled as an advocate in the roll of Bar Council of any State or Union Territories in India on or before the date of advertisement for examination.

2. By issuing Advertisement No.2 of 2013, the P.S.C. invited applications from eligible candidates for participating in the West Bengal Judicial Service Examination, 2013 (hereafter the said examination). Aspiring to be a member of the West Bengal Civil Service (Judicial), the petitioner responded to the advertisement. He obtained the bachelor’s degree in law (five year course) from the University of Calcutta (hereafter the University) in 2010, having been placed in the first class. He had thereafter applied before the Bar Council of West Bengal (hereafter
































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