Amitava Lala, J. - (1.) This writ petition has been made by five writ petitioners who claimed to be the selected in the written test and awaiting for viva voice.
(2.) They have challenged the memo. No. 19/SDO(N) dated 21.1 2001 under which the Sub-Divisional Officer (North), Malda, and Chairman of the Selection Committee wrote a letter to the Block Development Officer that someone has brought to the notice of the District Magistrate. Malda, that the secrecy regarding the selection procedure of Gram Panchayat Secretaries under Ratua-1 Block has not been maintained. The District Magistrate after an enquiry ordered that written test for recruitment of G.P. Secretaries under Ratua-1 Block is cancelled and the results are null and void. He has also ordered that a fresh written test amongst the same candidates is to be held. But, the petitioners became aggrieved by the order of cancellation entire selection text and made writ petition by saying that they have come to know that they have done well in the selection process of the written test. They have unnecessarily made victim of the circumstances. The problem arises from there. As per the Memo dated 23.12.99 issued by the Principal Secretary of the Government of West Bengal, in case of selection utmost care will he taken as regards impartiality and transparency in the process of recruitment precisely in respect of maintaining secrecy in setting questions, examination of answer scripts and ether issues as may be reasonably required for ensuring quality of recruitment. The respondent-authorities has tiled an Affidavit annexing certain documents and notice. The answer scripts and evaluation chart under the signature of the Block Development Officer, Ratua-1 Block dated 12.06.2000 have also submitted before this court. From the Affidavit-in-opposition,l find that one Mr. A.Sanyal, Sub-Divisional Officer (North), Malda wrote a letter on 9.2.2001 to one Shri S.P. Ghosh WBCS (Executive) Sub-Divisional Officer, Midnapore (Sadar) to give answer to the following questions:- (1) Whether, the results/marks of the written test/the names of the first 15 successful candidates in order of merit were published by you in your office (in the Notice Board) in May, 2000, or anything after that? (2) Whether, the names of successful candidates in the said written test were communicated to any member of B.L.S.C. or to any candidates or to any person in any manner whatsoever? (3) If, the answers of first two queries are emphatic 'no', could you please suggest, how the petitioners could know that 'they got a sufficient' marks in the written test so held, or their names appeared in list of successful candidates in the said written test? The reason behind writing this letter is that such Shri Ghosh was in-charge of the S.D.O. (North), Malda, i.e. in between 19.5.99 to 8.1 1.2000 within which period the written test was held in respect of selection of three Grain Panchayat Secretaries of the Block.
(3.) On 14.2.2001, said Shri Ghosh had given answer which is as follows:- 'Query No. 1:-No. Query No. 2:- No. Query No. 3:- No comment. However, in this connection I am to state that after getting the evaluated answer script from Sri R.Roy, W.B.C.S. (Executive), Deputy Magistrate & Deputy Collector, Malda on probation those were kept top secret.' Thereafter, copy of a note-sheet is annexed being dated 19.1.2001 under the signature of the Sub-Divisional Officer (North). Malda with a heading (Top Secret). Once again the aforesaid three questions came for due consideration which is as follows:- "(1 ) Answers to the question paper of the written examination to recruit the G.P. Secretarie; at different G.P-s under Ratua- I Block, have been supplied from outside to a few favoured candidates of B.D.O. and Sabhapati. (2) Gratification and/or, financial transaction has taken place against the assurance of a job. (3) The secrecy of the examination procedure has been violated/vitiated, as every body knows who the selected (for interview/viva voce) candidates are, though the said list has never published." The said Sub-Divisional Officer ultimately held that there is no conclusive proof in respect of the allegations Nos. 1 and 2. Therefore, no answer could be made on the basis of hearsay/hunch/guess or assumption. But, so far the allegation No. 3 is concerned, the secrecy and transparency of the memorandum dated 23.12.99 as aforesaid has not been maintained. Therefore, the selection process is, indeed, vitiated. Such question is in respect of the secrecy of examination procedure to the extent the knowledge of the candidates as per the result of the written examination when the list has not yet been published. However, the Sub-Divisional Officer has taken a plea that leakage of the result is as good as leakage to the question papers for which the secrecy and transparency is to be maintained although he has made his comment in the erstwhile paragraph that such allegations are hearsay/hunch/guess or assumption. It is also necessary to, mention hereunder that said Shri S.P. Ghosh, WBCS(Exe.) categorically denied that there happened any leakage of question paper or the marks obtained by the candidates or the list of first fifteen successful candidates of the written test.;