Tarun Chatterjee, J. - (1.) This writ application was moved on 26th September, 1995 when an interim order was granted by Altamas Kabir, J. directing that there will be a interim order restraining the respondents from giving effect to the examination already conducted till two weeks after vacation, if effect of such examination had not already been given. There is no dispute Shat the said interim order still continues.
(2.) Subsequently, the private respondent Sri Pranab Kumar Roy filed an application for addition of party. This application was allowed. Sri Roy also filed an application for vacating the interim order granted by this Court. By an order dated 24th February, 1997, N. K. Bhatta-charyya, J. (as His Lordship then was) treated the application for vacating the interim order as an affidavit in opposition to the writ petition and thereafter directed the writ petitioner to file affidavit-in-reply to the affidavit-in-opposition filed by the private respondent. The wilt petition was directed to be listed forbearing under the heading 'to be mentioned' on 4th March, 1997 and the hearing of the writ petition is low being taken up.
(3.) The writ petitioner sat for a selection test which was held for recruitment in the post of Secretary to Gram Panchayat which fell vacant as per sanction of the Government of West Bengal. A decision : was taken by the Government to fill up the said post of Secretary to the Gram Panchayat. By a Memo being No. 23761/Panch/2A-18/78 dated 23rd October, 1978 the Deputy Secretary to the Government of West Bengal laid down a procedure for filling the post of Secretary to the Gram Panchayat. The relevant portion of the said Memo dated 23rd October, 1978 may be reproduced below:- "The names of the eligible candidates should be obtained from the local Employment Exchanges in respect of the Blocks concerned where such vacancies exist. The names of all such candidates should then be scrutinised at the Block level by a Selection Committee consisting of the Sub Divisional Officer concerned as Chairman, District Panchayat Officer, M.L.A. or M.L.As (not being Ministers) of the Block concerned, Sabhapati of the concerned Panchayat Samitl as Members and the Block Development Officer as Convener. The Committee should also include a representative of a Minister where the Minister is the M.L.A. of the Block concerned. The candidates recommended by the Selection Committee will then be appointed by the Director of Panchayats, West Bengal.";