IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8595 of 2009 RAM AVTAR RAJKISHORE MADHURI YADAV COLLEGE, Madhuri Nagar, Sitamarhi through the Chairman of the Governing Body of the College, Presently Raj Kishore Narain Yadav, S/o Late Ram Avtar Yadav of village – Kharka, P.O. Punaura, P.S. Sitamarhi, District – Sitamarhi. … Petitioner. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Bihar School Examination Board, Budh Marg, Patna through its Chairman. 3. The Secretary, Bihar School Examination Board, Budh Marg, Patna. 4. The Director (Academic) B.S.E.B., Budh Marg, Patna. 5. Braj Kishore S/o late Ram Dayal Rai, resident of village Ukani, P.O. Chamanpur, P.S. Sheohar, District Sheohar at present resident of Mohalla Laxmana Nagar, Ring Bandh, Ward No. 17, P.O., P.S. and District – Sitamarhi. … Respondents. ----------- 02/ 24.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner college is aggrieved by the instruction of the Bihar School Examination Board contained in letter no. 1037 dated 2.6.2009 as contained in Annexure-10 to this application to reinstate Sri Braj Kishore in the light of the directions of this Court passed in C.W.J.C. No. 18390 of 2008 and also in compliance of the several orders of the Board with further direction to submit report within 10 days, failing which the affiliation granted to the college shall be cancelled. 3. It is submitted on behalf of the petitioner with reference to the order of this Court passed in C.W.J.C. 18390 of 2008 referred to in the impugned memo that this Court never directed in the said writ case to reinstate Sri Braj Kishore and direction to that effect with reference to the order of this Court is wholly uncalled for and tantamounts to fraud. - 2 - 4. Let the College represent before the Principal Secretary of the Human Resources Development Department and invite his attention to the fraud which is being committed by the Board with reference to the orders of the High Court. The Principal Secretary, Human Resources Development Department shall consider the matter and pass appropriate orders in accordance with law and if the submission noted above is found correct, then prosecution be initiated against the members of the Board, who are responsible for such fraud. Appropriate orders be passed by the Principal Secretary in this regard as early as possible in any case with one month from the date of its receipt. It shall be open to the college to request the Principal Secretary for grant of interim relief. 5. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)