1. The plaintiff has instituted this suit (i) for declaration that the publication of Article in the newspaper “Dainik Samayik Prasanga” dated 21st November, 2016 by the defendants is bad in law and contrary to the Pradhan Mantri Kaushal Vikas Yojana; (ii) for permanent injunction restraining the defendants from publishing and reporting any Article/news similar to the Article dated 21st November, 2016; and, (iii) for recovery of damages in the sum of Rs. 1,00,00,000/-.

2. The suit came up for admission on 21st December, 2016 and thereafter on 23rd December, 2016 when after hearing the counsels for the plaintiff at length I was of the view that the suit is not maintainable. Though I was proceeding to dictate the order in the Court but the counsel for the plaintiff stated that he wanted to file some judgments. Permitting written arguments to be filed on or before 5th January, 2017, orders on maintainability of the suit were reserved.

3. The plaintiff has since filed written arguments with copies of three judgments and which have been perused by me.

4. It is the case of the plaintiff in the plaint (i) that the plaintiff is an approved “Training Partner” for the “Pradhan Mantri Kaushal Vikas Yojana” (PMKVY), a Skill Certification Scheme launched by the Ministry of Skill Development and Entrepreneurship (MOSDE), Government of India with an objective to enable a large number of Indian youth to take up industry-relevant skill training that will help them in securing a better livelihood; (ii) for achieving the goals enshrined under the PMKVY scheme, the National Skill Development Corporation (NSDC) was established by the Government of India in the year 2008 as non-profit public company under the provisions of the Companies Act, 1956; subsequently on 8th June, 2011 NSDC was transformed into a Private Limited Company with representation from the MOSDE; (iii) that the plaintiff, as an affiliated training partner of the NSDC under the PMKVY, has been allocated targets to provide training throughout India; the plaintiff is engaged in providing training to the unskilled and underprivileged people in order to impart practical knowledge and develop their elementary skills in their respective fields of interest, thereby transforming them into a skilled labour and further by assisting them in getting jobs with the potential employers and ultimately enhance their standard of living; (iv) that the defendant no.1 Selima Publications Pvt. Ltd. is incorporated with the Registrar of Companies, Shillong having its registered office at Silchar, Assam and is the publisher of a newspaper Dainik Samayik Prasanga, a Bengali daily circulated newspaper in the State of Assam and which is also available online at www.samayikprasanga.in/epaper.php and can be accessed by general public in any part of the world; (v) the defendant no.2 Ms. Jyotsna Hussain Choudhury is the Managing Director of the defendant no.1; the defendants no.3&4 Mr. Taimur Raja Choudhury and Mr. Touhid Raja Choudhury are the Directors of the defendant no.1; the defendant no.5 Mr. Ripon Nath is the Publisher of the newspaper of defendant no.1; the defendant no.6 Mr. Anindya Kumar Nath is the Reporter of the story/article published in the newspaper of defendant no.1 and defendant no.7 Ms. Mili Kalindi is a trainee under the PMKVY who underwent training at the plaintiff’s s training centre in District Hailakandi, Assam; (vi) that the primary feature of PMKVY is that after the completion of the training of the trainee, NSDC credits a pre-decided amount in consensus with the respective Skill Sector Council in the bank account of the trainee; a fixed ratio from the said amount is automatically debited from the savings account of the trainee and credited to the current account of the training partner as training fees; (vii) further, under PMKVY, Bank of India is the official banking partner of the NSDC and provides banking platform for implementation thereof; as a mandate the training partner