Patna High Court
Alok PrakharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
Checking your session…