School Examination Board & ANR. Vs. Bihar State Primary Teachers Asson. &
Ors.  INSC 1283 (27 July 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO. 4716 OF 2009 [Arising out of SLP(C) No.
15490/2004] BIHAR SCHOOL EXAMINATION BOARD AND ANR. ... APPELLANT(S) :VERSUS:
appears on behalf of Respondent No.1 despite service of notice.
heard the learned counsel for the appellants as also Mr. Gopal Singh, learned
standing counsel for the State of Bihar.
gone through the records before us, we are of the opinion that reference to the
copy of the press communiqué published in the newspaper dated 31.3.2004, in C.W.J.C.
No.6661/2003, Annexure No.P-2, is an inadvertent mistake on the part of the
authorities of the appellants wherefore they had sought for an apology in
writing on or about 8.4.2004. The High Court, in our opinion, should have
accepted the same.
-2- It appears
that the High Court while passing the impugned order failed to notice that the
apology tendered on behalf of the appellants was a written one.
therefore, are of the opinion that the impugned judgment need be set aside.
directed accordingly. The appeal is allowed.
.......................J (S.B. SINHA)
.......................J (DEEPAK VERMA)
JULY 27, 2009.