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2019 Supreme(Cal) 827

DIPANKAR DATTA, BIBEK CHAUDHURI
Prakash Hazra – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Ayan Banerjee, Adv., Debasree Dhamali, Adv., Anindya Lahiri, Adv., Supriya Dubey, Adv., Bikash Ranjan Neogi, Adv., Ananya Neogi, Adv., Kishore Datta, Adv., Joytosh Majumdar, Adv., Pinaki Dhole, Adv., Kakali Samajpati, Adv., Avishek Prasad, Adv., T.K. Mukherjee, Adv., Tulsi Das Roy, Adv., Pradip Kumar Roy, Adv., Shraboni Sarkar, Adv., Joydeep Roy, Adv., Shyamit Sanya, Adv., Dipankar Saha, Adv., Somdatta Mukherjee, Adv., Anant Kumar Shaw, Adv., Mainak Ganguly, Adv., Dipanjan Kundu, Adv., Sudipta Ranjan Mitra, Adv., Pushpal Chakrabory, Adv., Argha Choudhury, Adv., Rabin Kumar Garai, Adv., Soma Chakraborty, Adv.

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

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