IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.682 of 2010 1. DWARIKA PRASAD S/O CHANDRADEO PRASAD R/O VILL BHUAPUR,P.O.KARA, P.S.JAMHAUR,DISTT- AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE AURANGABAD 4. THE DISTRICT EDUCATION OFFICER AURANGABAD ----------- For the Petitioner : M/s Uday Chand Prasad,Binod Kumar Singh and Manoj Kumar. For Intervener : Mr. Anil Kumar Anal For the State : G.P.3 4 6.9.2010 Interlocutory application for addition of parties is allowed. Interveners, who, strictly not permitted in law are added as petitioners/ co-petitioners, for they seek same relief and asking them to file individual writ application at this stage would be only multiplicity of the litigation. All these petitioners had earned their B.Ed degrees from Muslim Minotiry Ahmadia B.Ed College ,Millatnagar, Rampara, Katihar under B.N.Mandal University prior to 19.5.2000.On 19.5.2000, the State Government cancelled the recognition of the said institution. Dispute arose. Ultimately in LPA, a Division Bench of this Court held that so far as this institution was concerned, the notification of the State Government would not be sustained. Two SLPs were preferred by the University. When the first SLP was taken up in the year 2 2008, the Apex Court stayed the Division Bench judgment. Later by the second SLP in which similar order was passed. Upon notice being issued, parties appeared in SLP and upon petition to vacate stay, the Supreme Court modified its earlier order and ordered that so far as students, who had appeared in B.Ed examination prior to 19.5.2000 and passed would be entitled to their degrees and certificates from the University. This being a subsequent order even this Court has directed the university to issue certificates and degrees. State has now taken a peculiar stand that there appears to be serious confusion in the order of the Apex Court and it is on that ground they justified the press note of the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. issued recently stating that the institution i.e. Muslim Minority Ahmadia B.Ed College, Millatnagar, Rampara, Katihar is not a recognized institution (for getting or ignoring subsequent order of Apex Court modifying its earlier order). In my view, if they think that there were conflicting orders of the Supreme Court leading to some confusion, then the State in all fairness would have got the conflict or confusion resolved, as they are also party before the Apex Court. Instead of issuing press statement, which virtually ignored the subsequent order of the Supreme Court wherein stay has been modified and direction issued to issue certificates and degrees, State had done nothing but has created confusion. In my view, I am left with 3 no option but to hold that press release of the Principal Secretary, Department of Human Resources Department is not in accordance with the last order of the Supreme Court, which clearly mandates issuance of degrees and certificates to students, who had passed prior to 19.5.2000.The Principal Secretary must immediately clear the situation and issue necessary press release, so that petitioners and their likes are not prejudice in any manner. The Principal Secretary may approach the Apex Court and seek any other clarification which he requires. In the meantime, the petitioners should be given their degrees and mark sheets and would be considered for appointment and if selected, be appointed as Assistant Teacher but all this action would be subject to final order that may be passed by the Apex Court. With the aforesaid observations and directions, the writ petition is disposed of. singh ( Navaniti Prasad Singh, J.)