8
WPA (P) 104 of 2022
fair manner and to ensure eradication of unlawful and
illegal means during the examination through technology
of transmission of messages through transfer of data but
the impugned order does not contain any such reason.
The impugned order states that the internet services have
been suspended to prevent obstruction, annoyance, or
injury to any person lawfully employed, or danger to
human life, health or safety, or a disturbance or the
public tranquility, or a riot or any affray, but the reasons
mentioned in the order of the Review Committee do not
support it nor any material has been placed in support of
such reasons.
The affidavit in opposition by the Additional Chief
Secretary dated 10th of March, 2022 reveals that a
communication was sent by the President, West Bengal
Board to discontinue internet services during Madhyamik
Pariksha on the ground that in the previous examinations
in 2019 and 2020 some WhatsApp groups or Tiktok App
had adopted unfair means and 19 examinees were caught
with mobile phones in the hall in Bagdogra. The said
letter was forwarded by the Principal Secretary to the
Additional Secretary, Government of West Bengal on
28.02.2022 and merely on that basis the internet service
has been suspended.
We take note of the submission of the Counsel for
the petitioner that suspension of internet service by the