IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11355 of 2010 1. MD.MOJIBUR RAHMAN S/O LATE ABDUL RAZZAQUE R/O MOH SHEKHANA KALA, P.S.BIHARSHARIF, DISTT-NALANDA, SECRETARY OF MADARSA BAITUL OLUM (BANAT) BAQAR GANJ (BAKRA) NALANDA Versus 1. THE STATE OF BIHAR THROUGH SCRETARY HUMAN REOSURCES DEPARTMENT GOVERNMENT OF BIHAR 2. THE BIHAR STATE MADARSA EDUCATION BOARD THROUGH ITS SECRETARY 3. THE CONTROLLER OF EXAMINATION BIHAR STATE MADARSA EDUCATION BOARD PATNA ----------- 2/ 19/08/2010 Heard learned counsel for the petitioner and learned counsel for the State as also for the respondent Bihar State Madarsa Education Board. The petitioner is stated to be the Secretary of the Madarsa Baitul Olum (Banat) Baqar Ganj (Bakra), Nalanda. He seeks the relief for publication of the results of the ‘Fokania and Vastania’ examination conducted and supervised by the Bihar State Madarsa Education Board for the session-2009. Further relief is sought to allow the students of the Madarsa in question to appear for the aforesaid examinations for the session-2010. It is next submitted that the results of the session-2009 have been published on the Internet vide Annexure-2, but the original mark sheets are not being provided by the Board. It is the further case of the petitioner that the Madarsa is an affiliated unit of the Bihar State Madarsa Education Board vide Regn. No.1326/87 having been established in that year itself and that the Board has been conducting - 2 - the present two examinations with regard to the petitioner institution continuously from 1989 to 2008. Learned counsel for the respondent Board submits that the Board was in the process of verifying the recognition of the petitioner institution. He, however, is not in a position at this stage to deny that admit cards were issued and the results for the session-2009 for the two courses have been published on the Internet. If the Board has granted admit cards and has published the results on the Internet, it has no authority to withhold the result. The issue of recognition can hardly be said to be relevant at this stage. What the worth of the result would be is on entirely different matter. If the Board proposes to cancel the issuance of the admit cards and the results published by it, it is first required to lodge an F.I.R. against its own officials who issued the admit cards, conducted and supervised the examinations and published the results. After such an F.I.R. is lodged and the charge-sheet is submitted, it shall be open for the Madarsa to issue a show cause notice to the petitioner institution and the students whose results it proposes to cancel and then proceed to act in accordance with law within one month from the date of receipt/presentation of a copy of this order. - 3 - This Court expects that the State Government shall perform its role appropriately of ensuring that only genuine educational institutions are allowed to flourish in the State insofar as the duties of the Madarsa Board is concerned. The application is disposed. KC ( Navin Sinha, J.)