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IN THE HIGH COURT AT CALCUTTA
SAUGATA BHATTACHARYYA
Shayan Sachin Basu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SAUGATA BHATTACHARYYA, J.
1. Petitioner is an eligible candidate for offering his candidature in West Bengal Judicial Service Examination (for short ‘WBJS Examination’), 2023 and 2024 presented this writ petition, inter alia, praying for direction to incorporate three years practice as an advocate being an eligibility criterion for being considered to be appointed as Civil Judge (Junior Division) in West Bengal Judicial Service. According to petitioner, incorporation of eligibility criterion of having practice of three years or more as an advocate is required in terms of the judgment of the Supreme Court dated 20th May, 2025 passed in All India Judges Association & Others vs. Union of India & Others.
2. Mr. Shuvro Prakash Lahiri, learned advocate representing the petitioner submits that for WBJS Examination, 2023 and WBJS Examination, 2024, first an indicative advertisement no. 19/2023 dated 28th December, 2023 and another advertisement being no. 09/2024 dated 7th December, 2024 were issued by the concerned authority of Public Service Commission, West Bengal (for short ‘Commission’). Final advertisements were issued for WBJS Examination 2023 and 2024 on 13th August, 2025 by
Administrative authorities cannot implement or rely upon draft, unnotified rule amendments to alter eligibility criteria or recruitment sources until such rules are formally gazetted and gain statuto....
The main legal point established in the judgment is the requirement of continuous practice as an advocate immediately preceding the date of the application for appointment as a District Judge.
Eligibility criteria for recruitment must be consistent and cannot be altered after the process has commenced, as affirmed by the Supreme Court.
An advocate ceases to practice when engaged in full-time employment, rendering them ineligible for judicial recruitment under Article 233(2) of the Constitution.
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