Public recruitment processes are deemed initiated upon the formal notification of vacancies to government authorities. New mandatory eligibility criteria established by judicial directives apply prospectively, excluding selection processes that have achieved initiation of administrative action prior to the date of the governing pronouncement.

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 the Commission being advertisement nos. 19/2023 and 09/2024 respectively.

3. It was pointed out on behalf of petitioner that one of the requisite qualifications for offering candidature in WBJS Examinations 2023 and 2024 is his/her enrolment as an advocate in the roll of Bar Council of any State or Union Territory in India on the date of advertisement but it is not stipulated therein that the candidate is required to have practiced three years or more as an advocate which is contrary to the judgment of the Supreme Court delivered in All India Judges Association (supra). In this regard, reliance is placed on paragraphs 89(vii), 89(viii), 89(ix) and 89(x) of All India Judges Association (supra). It was submitted absence of eligibility criterion of minimum three years practice as an advocate in the advertisements dated 13th August, 2025 for holding WBJS Examinations 2023 and 2024 vitiated the process requiring the concerned respondent authorities to initiate fresh selection process by publishing advertisements taking note of the observations as contained in All India Judges Association (supra).

4. It was also argued that indicative advertisements dated 28th December, 2023 for WBJS Examination, 2023 and subsequent advertisement dated 7th December, 2024 for holding WBJS Examination, 2024 are not the formal advertisements marking initiation of selection process for filling up the post of Civil Judge (Junior Division). According to petitioner, without disclosing requisite eligibility criteria if advertisements are made that may not be treated as formal advertisements requiring the recruiting authority to publish detailed advertisement stipulating eligibility criteria which may be construed as commencement of selection process. In the present case advertisements dated 13th August, 2025 for both the selection processes i.e. WBJS Examination, 2023 and WBJS Examination, 2024 need to be regarded as formal advertisements marking commencement of selection process.

5. It was also contended in Sikkim and Tela