JUDGMENT : Biswanath Somadder, J. This writ petition has been filed by four individuals who participated in a recruitment process conducted by the Public Service Commission, West Bengal. They sat in the West Bengal Judicial Service Examination, 2014, on the basis of an advertisement bearing no. 04/2014 issued by the Public Service Commission, West Bengal. In the said advertisement, the vacancy position was declared as follows: "Vacancy: Existing - 39 & Anticipated - 25 = 64 [Unreserved - 42, SC - 06, ST - 03, BC Category A - 06, BC Category B - 05, PWD - 02]." 2. A select list of 117 candidates who qualified on the basis of the results of the West Bengal Judicial Service Examination, 2014 was announced by the Public Service Commission, West Bengal, on 24th December, 2014. As per record, the petitioner no.1 - Moumita Sen - was placed under serial no.38; the petitioner no.2 - Chitrita Roy - was placed under serial no.44; the petitioner no.3 - Ankan Basu - was placed under serial no.36; and the petitioner no.4 - Jahangir Alam Dewan - was placed under serial no.87. The Public Service Commission, West Bengal, also separately published lists of 25 candidates who were recommended against unreserved clear vacancies as also a list of 24 candidates who were recommended against anticipated vacancies (both reserved and unreserved). The names of the petitioners figure in the list of candidates recommended for appointment against anticipated vacancies. Moumita Sen is placed under serial no.11; Chitrita Roy is placed under serial no.17; Ankan Basu is placed under serial no.9; and Jahangir Alam Dewan is placed under serial no.19. 3. The petitioners received letters, all dated 8th January, 2015, from the Assistant Secretary to the Government of West Bengal, Judicial Department, informing them individually that their names had been recommended by the Public Service Commission, West Bengal, for appointment to the post of Civil Judge (Junior Division)/Judicial Magistrate etc. on the basis of the results of the West Bengal Judicial Service Examination, 2014. They were requested to appear before the said authority on a particular date and time with all original certificates and testimonials and other documents, as stated in the said letter dated 8th January, 2015. on the basis of the results of the West Bengal Judicial Service Examination, 2014. They were requested to appear before the said authority on a particular date and time with all original certificates and testimonials and other documents, as stated in the said letter dated 8th January, 2015. Subsequently, they were also asked to appear before a Medical Board, in terms of several letters dated 16th March, 2015, issued by the Deputy Director of Health Services (MERT), Government of West Bengal, Directorate of Health Services. However, on 8th May, 2015, when the Public Service Commission, West Bengal, published a list of candidates recommended for appointment against confirmed/cleared vacancies in the West Bengal Judicial Service on the basis of the results of the West Bengal Judicial Service Examination, 2014, they did not find their names in the said list, which prompted them to file the instant writ petition. 4. When the matter was initially taken up for consideration, a limited ad interim order was passed on 5th June, 2015, which, however, stood vacated by a subsequent order dated 23rd June, 2015. Thereafter, this matter has been heard at length on the basis of the pleadings and documents on record and as produced by the parties. 5. It is the specific case of the petitioners that in terms of the advertisement bearing no. 04/2014, the vacancy position ought to have been 39 + 25 = 64. This number could not have been reduced at a subsequent stage, under any circumstances. By reducing the anticipated vacancies from 25 to 15, the petitioners have been deprived from joining judicial service, although they were otherwise successful. 6. A question that falls for consideration, therefore, is whether there has been any irregularity in the selection process which has resulted in the petitioners not being able to join judicial service in spite of their names being recommended by the Public Service Commission, West Bengal, for appointment, particularly after issuance of the letter dated 8th January, 2015, by the Assistant Secretary to the Government of West Bengal, Judicial Department, and subsequently upon being asked to appear before the Medical Board in terms of the letters dated 16th March, 2015. The answer to this question lies within the records produced by the respondents as also the judgment of the Supreme Court in Malik Mazhar Sultan (3) & Anr. The answer to this question lies within the records produced by the respondents as also the judgment of the Supreme Court in Malik Mazhar Sultan (3) & Anr. v. Uttar Pradesh Public Service Commission & Ors., reported in (2008) 17 SCC 703 . 7. Delving into the records, this Court finds that in the advertisement bearing no. 04/2014, issued by the Public Service Commission, West Bengal, the existing vacancy was shown as 39 (thirty-nine), whereas the anticipated vacancy was shown as 25 (twenty-five), thus totalling to 64 (sixty-four) vacancies. When the Public Service Commission, West Bengal, announced the select list, it comprised of 117 (one hundred and seventeen) candidates who qualified on the basis of the results of the West Bengal Judicial Service Examination, 2014. The petitioners do not dispute this list, which has been prepared strictly according to merit. However, the problem surfaced - so far as the petitioners are concerned - when they came to learn on 8th May, 2015, that their names were missing from the published list of candidates recommended for appointment against confirmed/cleared vacancies in the West Bengal Judicial Service, based on the results of the West Bengal Judicial Service Examination, 2014. 8. It appears that the genesis of preparation of the list which was published on 8th May, 2015, by the Public Service Commission, West Bengal, lies in a letter dated 13th March, 2015, issued by the Registrar (Judicial Service), High Court, Calcutta, addressed to the Secretary, Government of West Bengal, Judicial Department, relevant portion whereof reads as follows: "With reference to above, I am directed to inform you that there are 54 (Fifty-four) vacancies confirmed to be existing as on 31.12.2014, against the 64 (Sixty-four) vacancies reported for the year 2014, which can be filled up from amongst the successful candidates of the West Bengal Judicial Service Examination-2014 and at best accommodated in the revised cadre strength. (emphasis supplied) You are requested to proceed accordingly at your end." 9. Pursuant to the aforesaid letter, the Secretary to the Government of West Bengal, Judicial Department, wrote to the Secretary, Public Service Commission, West Bengal, on 23rd March, 2015, confirming vacancy in the basic cadre of Civil Judge (Junior Division)/Judicial Magistrate for appointment on the basis of the West Bengal Judicial Service Examination, 2014. The text of the said letter reads as follows: "With reference to this Memo No.198-A dated 13.3.15 from the Registrar (Judl. The text of the said letter reads as follows: "With reference to this Memo No.198-A dated 13.3.15 from the Registrar (Judl. Service) High Court, Calcutta, (copy enclosed) I am to inform you that there are 54 (fifty four) vacancies confirmed to be existing as on 31.12.2014. Now, I am to request you to prepare a re-allotment (emphasis supplied) of qualified candidates on the results of WBJSE, 2014 against the above mentioned confirmed vacancies in lieu of the allotment made by you (emphasis supplied) vide letter No.A-169 PSC(A) dated 29.12.2014 and send the same to this office at an early date to enable us to proceed accordingly." 10. Upon receipt of the aforesaid letter dated 23rd March, 2015, the Joint Secretary, Public Service Commission, West Bengal, wrote back to the Secretary, Government of West Bengal, Judicial Department, on 2nd April, 2015. The text of the said letter dated 2nd April, 2015, reads as follows: "I am directed to refer to your office letter no.1282-J/XIV/1M-01/14(Pt.) dated 23.03.2015 on the subject noted above and to state that 54 (fifty four) confirmed/clear vacancies in the West Bengal Judicial Service have been reported for being filled up afresh (emphasis supplied) on the results of the West Bengal Judicial Service Examination, 2014 without category-wise break-up of the said vacancies. I am, therefore, to request you to kindly furnish the said vacancies afresh in the prescribed proforma (copy enclosed) with category-wise breakup as per latest 100-point Roster at an early date. It may be treated as extremely urgent." 11. Consequently, by a letter dated 16th April, 2015, the Secretary to the Government of West Bengal, Judicial Department, forwarded a prescribed proforma containing category-wise break-up of 54 (fifty-four) confirmed vacancies in the West Bengal Judicial Service reported for being filled up "afresh" on the basis of the results of the West Bengal Judicial Service Examination, 2014. It was also stated in the said letter dated 16th April, 2015, that "re-allotment" of qualified candidates should be made against 52 (fifty-two) vacancies as 2 (two) physically handicapped candidates were unavailable due to failure of getting successful candidates in that category and those two candidates were already carried forward for the next examination. 12. It was also stated in the said letter dated 16th April, 2015, that "re-allotment" of qualified candidates should be made against 52 (fifty-two) vacancies as 2 (two) physically handicapped candidates were unavailable due to failure of getting successful candidates in that category and those two candidates were already carried forward for the next examination. 12. Based on such communication received from the Secretary to the Government of West Bengal, Judicial Department, the Public Service Commission, West Bengal, on 5th May, 2015, prepared a list of candidates recommended for appointment against confirmed/cleared vacancies in the West Bengal Judicial Service on the basis of the results of the West Bengal Judicial Service Examination, 2014 and published and uploaded the said list, subsequently on 8th May, 2015. On the same day, i.e. 5th May, 2015, the Secretary, Public Service Commission, West Bengal, wrote to the Secretary, Government of West Bengal, Judicial Department, regarding "revised allotment" of qualified candidates for appointment in the West Bengal Judicial Service on the basis of the results of the West Bengal Judicial Service Examination, 2014. The text of the said letter is reproduced herein below: "I am directed to refer to your department's letter No. 1599 - J/JD//1M-01/14(Pt) dated 16.04.2015 on the subject noted above and to state that on the basis of your department's requisition for filling up 52 (fifty two) [UR - 35, SC - 05, ST - 03, BC(A) - 05 & BC(B) - 04] vacancies the Commission has prepared a select list of 117 candidates (sent earlier) qualified on the results of the West Bengal Judicial Service Examination, 2014. I am further to state that Commission initially recommended (emphasis supplied) 62 (38 cleared and 24 anticipated) candidates for filling up against 64 (39 cleared and 25 anticipated) vacancies vide this office letter No. A-169-PSC(A) dated 29.12.2014 from the aforesaid select list. Now in response to your department's request for sending recommendation for revised allotment (emphasis supplied) against 52 [UR - 35, SC - 05, ST - 03, BC(A) - 05 & BC(B) - 04] confirmed vacancies vide letter No. 1599- J/JD//1M-01/14(Pt) dated 16.04.2015 the Commission recommends 52 [UR - 35, SC - 05, ST - 03, BC(A) - 05 & BC(B) - 04] candidates against 52 confirmed/cleared vacancies in cancellation of its earlier recommendation vide letter No.A-169-PSC(A) dated 29.12.2014. (emphasis supplied) The names have been arranged in order of merits. (emphasis supplied) The names have been arranged in order of merits. The original applications and other connected papers of the above 52 candidates stated in the enclosed list (except at Sl. No.48 in the enclosed list) have already been sent to you vide this office letter No. A-169-PSC(A) dated 29.12.2014. The same in respect of the remaining candidates may be sent back to this office at an early date. The original application and other connected papers in respect of the candidate at Sl. No. 48 in the enclosed list are enclosed. The Appointing Authority is requested that before offering appointment the eligibility of the candidates may be verified. For this purpose the statements of the candidates made in the application regarding date of birth, educational qualifications, caste etc. may be verified with reference to the valid original certificates of the candidates. It is also requested to have the caste certificates of the candidates verified as per provision of the West Bengal Scheduled Caste & Scheduled Tribes (Identification) Act, 1994 and erstwhile Scheduled Castes and Tribes Welfare Department (now BCW Department) Order No. 261-TW/EC/MR-103/94 dated 06.04.1995 and 6320-BCW/MR-84/10 dated 24.09.2010. The photograph and signature of the candidates in the applications may also be verified. Any discrepancy may kindly be communicated to the Commission immediately before offering appointment. I am to request you again that before offering appointment the integrity of the candidates who is/are already employed by the Govt. of West Bengal, may be verified by the appointing authority. In case the report in respect of any candidates is/are unsatisfactory and the candidates is/are considered unsuitable for appointments on grounds of integrity the matter may be referred back to the Commission. The candidates have not been medically examined nor have their antecedents been verified by the Commission. Appropriate action in this regard may be made by the appointing authority. The Commission may be informed early of the action taken on the recommendation. An acknowledgement of receipt of the letter with its enclosure is requested." 13. The candidates have not been medically examined nor have their antecedents been verified by the Commission. Appropriate action in this regard may be made by the appointing authority. The Commission may be informed early of the action taken on the recommendation. An acknowledgement of receipt of the letter with its enclosure is requested." 13. It may be observed at this stage that it was only after the Registrar (Judicial Service), High Court, Calcutta, wrote the letter dated 13th March, 2015, to the Secretary, Government of West Bengal, Judicial Department, that it came to the knowledge of the State of West Bengal and subsequently, the Public Service Commission - for the first time - of the reduction of anticipated vacancies from 25 (twenty-five) to 15 (fifteen). 14. During the course of hearing, the learned advocate representing the High Court Administration submitted that this reduction of vacancy was caused since the anticipated vacancy of 25 (twenty-five) could not fructify into confirmed vacancy and was therefore reduced to 15 (fifteen) instead of 25 (twenty-five). However, when this Court pointed out the rigid time-schedule laid down by the Hon'ble Supreme Court in Malik Mazhar Sultan (3)'s case (supra) and asked him specifically as to why the final select list was not declared by 1st November, 2014, as mandated, he had no answer. The only answer he tried to offer is that anticipated vacancies arise due to retirement as well as on account of promotion, death or otherwise. According to him, in the facts and circumstances of the instant case, 10 (ten) anticipated vacancies could not fructify because of promotion to the next higher post could not be made within a reasonable time since it was a cumbersome process by itself. 15. This Court, however, is not at all satisfied with the explanation sought to be provided by the High Court Administration. The reason is, in Malik Mazhar Sultan (3)'s case, not only a rigid timetable has been provided, vacancies have been categorised under three distinct categories, none of which contains the term or the expression, "anticipated". In the said timetable for appointment to the posts of Civil Judge (Junior Division) by direct recruitment, under serial no.1 it has been categorically stated that all vacancies were to be notified by the High Court by 15th January of each year. In the said timetable for appointment to the posts of Civil Judge (Junior Division) by direct recruitment, under serial no.1 it has been categorically stated that all vacancies were to be notified by the High Court by 15th January of each year. Such vacancies were to include (a) existing vacancies, (b) future vacancies that may arise within one year due to retirement, and (c) future vacancies that may arise due to promotion, death or otherwise, say ten per cent of the number of posts. Thus, three distinct types of vacancies have been contemplated. So far as future vacancies which are likely to arise one year due to retirement is concerned, the High Court Administration is supposed to have on record the date of retirement of all judicial officers which would occur within one year from 15th January, 2014. Similarly, in respect of future vacancies that may arise due to promotion, the number of such vacancies stood crystallised while the same was included as "anticipated" vacancies declared in the advertisement for the West Bengal Judicial Service Examination, 2014, which could not be altered in any manner at a subsequent stage. 16. In the facts of the instant case, all the concerned authorities responsible and involved in the selection process, namely, the High Court Administration, the State Government and the Public Service Commission, West Bengal, appear to have utterly failed to declare the final select list by 1st November, 2014, as mandated by the Supreme Court. Having failed to declare the final select list by 1st November, 2014, it was not open for the High Court Administration to have subsequently issued the letter dated 13th March, 2015, whereby the clear vacancy was confirmed at 54 (fifty-four), thereby and in effect reducing the number of "anticipated" vacancies from 25 (twenty-five) to 15 (fifteen). The High Court Administration could have easily notified the State, the confirmed vacancy position by 1st November, 2014 - since the same could have been derived from record - but for some inexplicable reason, it did not do so. The High Court Administration could have easily notified the State, the confirmed vacancy position by 1st November, 2014 - since the same could have been derived from record - but for some inexplicable reason, it did not do so. It is only because of this reason that the writ petitioners - who were issued letters by the Judicial Department of the Government of West Bengal on 8th January, 2015 and subsequently on 16th March, 2015, for medical examination - suddenly found themselves as not being eligible for being considered for appointment to the post of Civil Judge (Junior Division)/Judicial Magistrate etc., on the basis of their results in the West Bengal Judicial Service Examination, 2014. 17. The stand taken by the High Court Administration that the 10 (ten) "anticipated" vacancies could not fructify into confirmed vacancy because of promotion to the next higher post could not be made within a reasonable time since it was a cumbersome process by itself, is simply unacceptable. As observed earlier, the number of such vacancies stood crystallised while it was included in the advertisement published for holding of the West Bengal Judicial Service Examination, 2014 and could not be altered in any manner at a subsequent stage. In other words, cadre strength as advertised, cannot be altered/revised subsequently to the disadvantage of those candidates who are successful in the examination and have become otherwise eligible to secure appointment on the basis of the select list of 117 candidates prepared according to merit by the Public Service Commission, West Bengal, which was published/announced on 24th December, 2014. 18. The correspondences exchanged between the three authorities involved, namely, High Court Administration, State Government and Public Service Commission, West Bengal, however, reveal that the cadre strength, in effect, was sought to be "revised" following the letter of the Registrar (Judicial Service) dated 13th March, 2015, addressed to the Secretary, Government of West Bengal, Judicial Department, which is simply impermissible. The expression, "revised cadre strength", highlighted by this Court in bold and italics in the said letter, quoted earlier, is a clear pointer towards that direction. The expression, "revised cadre strength", highlighted by this Court in bold and italics in the said letter, quoted earlier, is a clear pointer towards that direction. Based on the said letter dated 13th March, 2015, the Secretary, Government of West Bengal, Judicial Department, wrote to the Public Service Commission on 23rd March, 2015, requesting the Commission to prepare a "re-allotment" of qualified candidates on the 2014 results against the confirmed vacancies "in lieu of the allotment made" by the Commission in terms of its letter dated 29th December, 2014. Upon receipt of the said letter dated 23rd March, 2015, the Public Service Commission, West Bengal, wrote back on 2nd April, 2015. The text of the said letter reveals the term, "afresh", being used in the context of filling up of vacancies on the basis of the 2014 results. In the consequential letter dated 16th April, 2015, written by the Secretary to the Government of West Bengal, Judicial Department, forwarding the prescribed proforma containing categorywise break-up of 54 (fifty-four) confirmed vacancies, the term, "re-allotment", of qualified candidates to be made against 52 (fifty-two) vacancies has been used. The word, "re-allotment", again re-appears in the last line of the said letter dated 16th April, 2015. The Public Service Commission, West Bengal, in its letter dated 5th May, 2015, addressed to the Secretary, Government of West Bengal, Judicial Department, has referred to the Commission having "initially recommended" 62 (sixty-two) candidates for filling up of vacancies, in terms of its letter dated 29th December, 2014, prepared from the select list and stated that it was in response to the Judicial Department's request for sending recommendation for "revised allotment" against 52 (fifty-two) confirmed vacancies in terms of the Department's letter dated 16th April, 2015, it was recommending 52 (fifty-two) candidates, "in cancellation of its earlier recommendation dated 29th December, 2014." 19. The highlighted text of the correspondences exchanged between the three authorities, as reproduced herein above, thus palpably demonstrates a significant alteration/variation of the vacancy position as reflected in the advertisement bearing no. 04/2014 issued by the Public Service Commission, West Bengal. Such alteration/variation has also resulted in total obliteration of 10 (ten) "anticipated vacancies". The highlighted text of the correspondences exchanged between the three authorities, as reproduced herein above, thus palpably demonstrates a significant alteration/variation of the vacancy position as reflected in the advertisement bearing no. 04/2014 issued by the Public Service Commission, West Bengal. Such alteration/variation has also resulted in total obliteration of 10 (ten) "anticipated vacancies". As a consequence, it has irreversibly altered the fate of some of the selected candidates whose names figure in the select list of 117 candidates who qualified on the basis of the 2014 results, which was published/announced by the Public Service Commission, West Bengal, on 24th December, 2014. It is also patently evident that the initial recommendation made by the Public Service Commission, West Bengal, on 29th December, 2014, stood "cancelled" subsequently on 5th May, 2015, at the instance of the State Government, which acted at the behest of the High Court Administration. 20. During the course of hearing, on behalf of the High Court Administration it was informed that the 10 (ten) "anticipated" vacancies which could not fructify into confirmed vacancies due to promotions not being held on time are now being carried forward to the next year's examination. 21. This Court does not find any justifiable reason for the High Court Administration to "carry forward" the "anticipated" vacancy position of 2014 - which could not fructify solely due to promotions not being held within time - to the next year's examination. There is no known concept of "carrying forward" non-fructified "anticipated" vacancies in respect of one particular year to the following year. Neither it is even remotely contemplated anywhere in the advertisement bearing no. 04/2014 issued by the Public Service Commission, West Bengal. Rather, if timely promotions had taken place, the "anticipated" vacancy position would have remained unaltered. At least, the eligible petitioners would have secured appointment. If "anticipated" vacancies did not fructify during the course of one year - solely due to inability on part of the High Court Administration to complete all promotions within time - candidates who are otherwise eligible to secure appointment, based on their performance in the Judicial Service Examination of a particular year, cannot be denied of their valuable right to secure such appointment, as and when the promotions actually take place. 22. 22. In such circumstances, as stated above, this writ petition is disposed of with a direction upon the High Court Administration to treat the eligible petitioners along with other eligible candidates as wait-listed against the 10 (ten) anticipated vacancies on account of promotions due. Such eligibility, however, shall be construed strictly on the basis of the select list of 117 candidates who had qualified in the West Bengal Judicial Service Examination, 2014 - prepared as per merit - for recruitment in the West Bengal Judicial Service, which was published/announced by the Public Service Commission, West Bengal, on 24th December, 2014.