Edara Flahul Muslemeen and Another vs The State of Bihar and Others

Barin Ghosh, J.—Let the Respondent No. 2 (Director, Research & Training, Govt, of Bihar, Patna) file a separate counter affidavit dealing with Annexure-1 to the writ petition. Let the Secretary, Bihar School Examination Board, Patna file a separate counter affidavit dealing with Annexure-1 to the writ petition. In the meantime, there being no confusion, and since Mr. J.P Shukla, learned Senior Counsel appearing on behalf of the Bihar School Examination Board has admitted that the news item as was published in ''The Aaj'' & ''The Prabhat Khabar'' on 25th August, 2006 including therein the name of the petitioner as a fraudulent Institution being contrary to records and was not intended to be conveyed in any matter whatsoever.

Permission is granted to the petitioner to put up an advertisement in the self same newspapers on the strength of this order stating that the said news item was an incorrect news item and that the Petitioner-Institution was recognized by the State Government before the Central Act came into force and thereupon has been recognized by the Institution constituted under the Central Act.

In the meantime, the State Government is directed to proceed on the basis that any student, who has passed the examination of the Board and had been sponsored by the Institution, was a genuine student and accordingly was entitled to offer himself as a trained teacher for the purpose of consideration of his case for appointment as Primary School Teacher.

Let a copy of this order be handed over to the learned counsel for the petitioner. Let the matter be listed after two weeks at the same position.