JUDGMENT :

DIPANKAR DATTA, J.

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:

"4. The prescribed 'essential qualifications are the minimum and mere possession of the same does not entitle applicants to be called in for the interview. Where the number of applications received in response to the advertisement is large and it is not inconvenient or possible for the Commission to interview all the applicants the Commission may restrict the number of candidates for interview to a reasonable limit on the basis of either qualifications or experience higher than the minimum prescribed in the advertisement or on the basis of a Screening Test/Written Test."

(underlining in original)

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.

4. The process of recruitment conducted by the PSC was first challenged before the West Bengal Administrative Tribunal (hereafter the tribunal, for short) by three unsuccessful candidates in an original application presented on September 6, 2011. It was registered as OA 1015 of 2011 (Dr. Sabyasachi Biswas & ors. v. Public Service Commission & ors.) (hereafter OA-I, for short). Sometime thereafter, April 10, 2012 to be precise, another set of 13 (thirteen) unsuccessful candidates challenged the recruitment process giving rise to OA 440 of 2012 (Dr. Purnendu Ash & ors. v. Public Service Commission & ors.) (hereafter OA-II, for short). A third set of 3 (three) unsuccessful candidates moved the tribunal by presenting OA 1221 of 2013 (Mahesh Chandra Barman v. State of West Bengal & ors.) (hereafter OA-III, for short) challenging the self-same recruitment process conducted by the PSC.

5. In none of the 3 (three) original applications, as aforesaid, any of the successful candidates was impleaded as private respondents. While admitting OA-I, the tribunal by its order dated November 11, 2011 fixed February 16, 2012 "for filing of reply, rejoinder and further order". On consideration of the prayer for interim relief, the tribunal observed that any action taken after filing of OA-I shall abide by its result and the State was directed "to note that if appointment is given in