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Patna High Court

Alok PrakharversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application was disposed of by granting liberty to file a representation before the Secretary, Bihar School Examination Board, and directing the Board to dispose of the representation within six months, without granting mandamus or other reliefs.

Summary

The petitioner, Alok Prakhar, filed a writ petition seeking mandamus for the re‑evaluation of his Mathematics, Physics and Chemistry answer sheets of the 2024 Intermediate Annual Examination conducted by the Bihar School Examination Board (BSEB), an inquiry into alleged malpractice during evaluation, compensation for damages, and directions to prevent harassment. He also requested that the Board dispose of his representation within a fixed period. The court, after hearing counsel, noted that the petitioner was prepared to file a detailed representation before the Secretary of BSEB and that the respondents raised no objection to this limited prayer. Consequently, the court disposed of the writ application by granting the petitioner liberty to file the representation within one month and directing the Secretary to decide the representation within six months, issuing a reasoned order. The court further directed that if relief is granted, it should be implemented within two months of the final order, and all pending interlocutory applications were deemed disposed.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing re‑evaluation of his answer sheets
  • Whether the court can order an investigation into alleged malpractice in the evaluation process
  • Whether compensation for alleged damages can be awarded through the writ
  • Whether the petitioner may be directed to file a representation before the Secretary of BSEB and the Board be bound to decide it within a stipulated time

Subjects

  • Writ of Mandamus
  • Re‑evaluation
  • Bihar School Examination Board
  • Examination malpractice
  • Compensation
  • Representation
  • Higher Secondary Education

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11603 of 2024
                 ======================================================
                 Alok Prakhar Son of Pranav Kumar Singh, Resident of Morya Nagar Colony,
                 Salehpur, P.O.- Mirjanhat, P.S.- Mirjanhat, District- Bhagalpur, Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Higher Secondary Education,
                 Government of Bihar, Patna.
           3.    The Chairperson, Bihar School Examination Board, Patna.
           4.    The Secretary, Bihar School Examination Board, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Amit Kumar Singh, Adv
                 For the State          :        Mr. Sunil Kumar Mandal, Standing Counsel 3
                 For BSEB               :        Mr. Girijish Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   18-02-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the respondent-BSEB and learned counsel for the

                   respondent-State.

                                 2. With the consent of both the parties, this writ

                   application is being disposed of at this stage itself.

                                 3. In the present writ application, the petitioner has

                   prayed for the grant of following reliefs:

                                                      (i)   For    issuing    the   Writ      of
                                            Mandamus and such other writ in the nature
                                            of mandamus directing the Respondent
                                            authorities     to       immediately        make
                                            arrangements for re evaluation of the
                                            answer sheet of Mathematics, Physics and
Patna High Court CWJC No.11603 of 2024(3) dt.18-02-2026
                                            2/4




                                  Chemistry paper of the petitioner who
                                  appeared             in         Intermediate         Annual
                                  Examination-2024                conducted       by    Bihar
                                  School Examination Board having Roll No.
                                  24010042 and roll Code 72040.
                                               (ii)         For       commanding          and
                                  directions          be      given      to      Respondent
                                  authorities to immediately investigate the
                                  matter how this kind of mal practice was
                                  done during evaluating the answer sheet of
                                  Mathematics, Physics and Chemistry paper
                                  and after such inquiry further correction be
                                  done in the marks of Mathematics, Physics
                                  and Chemistry paper of the petitioner who
                                  appeared             in         Intermediate         Annual
                                  Examination-2024                conducted       by    Bihar
                                  School Examination Board.
                                               (iii)        For     issuing   a    writ    of
                                  mandamus or any other appropriate writ
                                  inter alia directing the Respondent no. 03 &
                                  04 not to harass the Petitioner and
                                  formalities necessary to ensure re evaluation
                                  may be completed within 2 weeks from the
                                  date of disposal of the present petition.
                                               (iv) For Issuing further direction
                                  to Respondent No. 03 & 04 to compensate
                                  the damages caused due to the mal practice
                                  during evaluating the answer sheet of the
                                  petitioner and putting the career and future
                                  of the petitioner in jeopardise to the tune of
Patna High Court CWJC No.11603 of 2024(3) dt.18-02-2026
                                            3/4




                                  Rs. 10,000,00 along with litigation cost.
                                               (v) And also for any other relief or
                                  reliefs for which the petitioner is found
                                  entitled in the eye of law.


                        4. After advancing some argument, learned counsel

          for the petitioner submits that for seeking the aforesaid relief,

          the petitioner is prepared to file a detailed representation before

          the Secretary, Bihar School Examination Board, Patna

          (respondent no. 4) and further prays that if such a representation

          is filed then an appropriate direction be issued to the Secretary,

          Bihar School Examination Board, Patna (respondent no. 4) to

          dispose of the representation filed by the petitioner within a

          fixed time frame, after giving an opportunity of hearing to the

          petitioner.

                        5. To the aforesaid prayer being made by learned

          counsel for the petitioner, learned counsel appearing for

          respondent-State as well as learned counsel for the respondent-

          BSEB do not have any objection.

                        6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of granting liberty to the petitioner to file a detailed

          representation before the Secretary, Bihar School Examination

          Board, Patna (respondent no. 4) within one month from today
          Patna High Court CWJC No.11603 of 2024(3) dt.18-02-2026
                                                      4/4




                    and if such a representation is filed within the stipulated time

                    then the Secretary, Bihar School Examination Board, Patna

                    (respondent no. 4) is directed to dispose of the same within a

                    period of six months from the date of filing of the

                    representation, after giving an opportunity of hearing to the

                    petitioner. Needless to emphasize that the final order which shall

                    be passed by the Secretary, Bihar School Examination Board,

                    Patna (respondent no. 4) should be a reasoned and speaking

                    order. It is made clear that in case, the petitioner is found

                    entitled to the relief which the petitioner would be claiming

                    through the representation, the same should be extended to the

                    petitioner within a further period of two months from the date of

                    passing of the final order.

                                7. With the aforesaid observation/direction and liberty

                    granted, this writ application is disposed of. All pending

                    interlocutory application(s), if any, shall also be deemed to have

                    been disposed of.



                                            (Alok Kumar Sinha, J)
kiran/-

U


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