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2006 DIGILAW 760 (PAT)

Shankar Malakar @ Shankar Prasad Malakar v. State of Bihar

2006-08-24

body2006
ORDER 1. Initially an attempt was made by not supplying appropriate informations in the writ petition to mislead this Court. In the writ petition it was indicated that the petitioners were permitted by the Board to appear at the, examination but for no just reason the Board was not publishing their result. A supplementary affidavit has been filed by the petitioners and thereby they have brought on record necessary facts which suggests that the Board was compelled by this Court in a writ petition registered as CWJC No. 4260 of 1989 to take the examination of the petitioners by an order passed on 7 April, 1990. The Court, however, directed that the result of the examination shall not be published until such time the application of the Institution for grant of recognition is decided. Therefore, the Court, while authorizing the petitioners to appear at the examination, prevented the Board from publishing their result. This order reached finality. Petitioners and their Institution permitted the same to reach finality. They cannot seek an order contrary to what they have obtained. They can only have their result published provided the recognition matter is decided and the Institution is recognized. It having not been stated in any part of the petition or in the supplementary affidavit that the Institution in question has been recognized, question of the petitioners obtaining result of the examination contrary to the order passed on 7th April, 1990 does not arise. An attempt made to obtain an order by filing a fresh writ petition which would run contrary to a binding order passed by this Court sixteen years back is deprecated and this Court has restrained itself from imposing exemplary cost for making such an attempt. 2. The writ petition fails and the same is dismissed.