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Patna High Court

Sonali KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Bihar Public Service Commission is not obligated to re‑evaluate answer sheets where its rules provide only for re‑totalling, and therefore the petition for mandamus is untenable.

Summary

The petitioner, Sonali Kumari, filed a writ petition before the Patna High Court seeking a mandamus directing the Bihar Public Service Commission (BPSC) to re‑evaluate her answer sheet of the 65th Combined Competitive Examination and to reserve a seat if she qualifies. She alleged that a mere perusal of her answer sheet showed that the marks awarded were unjustified. The BPSC contended that its regulations allow only re‑totalling of answer sheets, not re‑evaluation, and thus the prayer could not be granted. The Court examined prior decisions of the same High Court, notably Prabhat Kumar v. State of Bihar, which held that re‑evaluation is not permissible where the rules provide only for re‑totalling. Relying on those precedents, the Court concluded that the issue was already settled and no statutory provision supported the petitioner's relief. Consequently, the Court dismissed the petition and refused all reliefs sought.

Issues considered

  • What is the scope of the Bihar Public Service Commission's authority to re‑evaluate answer sheets under its regulations?
  • Can a writ of mandamus be issued to compel the BPSC to re‑evaluate an answer sheet when only re‑totalling is provided for?
  • Does the petitioner have a right to a fresh result based on re‑evaluation of the examination answer sheet?

Subjects

  • mandamus
  • re‑evaluation
  • Bihar Public Service Commission
  • public service examinations
  • writ jurisdiction
  • re‑totalling
  • high court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1467 of 2022
     ======================================================
     Sonali Kumari Daughter of Shri Sanjay Prasad, Resident of Village near
     Gramin Bank, Tehta, P.O. Tehta, PS Makhdumpur, District - Jehanabad
     (804427).
                                                            ... ... Petitioner/s
                                      Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, General Administrative Department, Government of
     Bihar, Patna.
3.   The Bihar Public Service Commission through its Chairman 15, Jawahar Lal
     Nehru Marg, Bailey Road, Patna.
4.   The Chairman, Bihar Public Service Commission, 15, Jawahar Lal Nehru
     Marg, Bailey Road, Patna.
5.   The Secretary, Bihar Public Service Commission, 15, Jawahar Lal Nehru
     Marg, Bailey Road, Patna.
6.   The Examination Controller, Bihar Public Service Commission, 15, Jawahar
     Lal Nehru Marg, Bailey Road, Patna.
7.   Sadaf Alam, Daughter of not known to the petitioner, Resident of Not
     known to the petitioner, Roll No. 100072, through the Secretary, Bihar
     Public Service Commision, 15, Jawahar Lal Nehru Marg, Bailey Road,
     Patna.
8.   Salma Khatoon, Daughter of not known to petitioner, Resident of not known
     to the petitioner, Roll No. 100481, through the Secretary, Bihar Public
     Service Commision, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna.
9.   Zeba Mobeen, daughter of not known to petitioner, Resident of not known to
     the petitioner, Roll No. 509106, through the Secretary, Bihar Public Service
     Commision, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna.
10. Neelam Raj, Daughter of not known to petitioner, Resident of not known to
    the petitioner, Roll No.239122, through the Secretary, Bihar Public Service
    Commision, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna.
11. Mehnaz Jabeen, Daughter of not known to petitioner, Resident of not known
    to the petitioner, Roll No. 349330, through the Secretary, Bihar Public
    Service Commision, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna.
12. Maimun Nisha, Daughter of not known to petitioner, Resident of not known
    to the petitioner, Roll No. 178993, through the Secretary, Bihar Public
    Service Commision, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna.
13. Shana Alam, Daughter of not known to petitioner, Resident of not known to
    the petitioner, Roll No. 324412, through the Secretary, Bihar Public Service
    Commision, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna.
14. Suby Masoud, Daughter of not known to petitioner, Resident of not known
    to the petitioner, Roll No. 296312, through the Secretary, Bihar Public
    Service Commision, 15, Jawahar Lal Nehru Marg, Bailey Road, Patna.
15. Shivani Mridula, Daughter of not known to petitioner, Resident of not
         Patna High Court CWJC No.1467 of 2022(5) dt.03-04-2026
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                 known to the petitioner, Roll No. 469766, through the Secretary, Bihar
                 Public Service Commision, 15, Jawahar Lal Nehru Marg, Bailey Road,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. S.B.K. Mangalam, Advocate
                                                  Mr. Awnish Kumar, Advocate
                 For the State           :        Mr. Sanjay Ghosarvey, AC to AAG-3
                 For the B.P.S.C.        :        Mr. Sanjay Pandey, Advocate
                                                  Mr. Nishant Kr. Jha, Advocate
                                                  Mr. Prabhakar Pahepuri, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   03-04-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the Bihar Public Service Commission (‘BPSC’ in

                   short).

                                2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                   “i. For issuance of an appropriate
                                      writ in the nature of MANDAMUS or any other
                                      writ in similar nature, Commanding and
                                      directing    the     Respondent     Commission     to
                                      reevaluate     the    answer      sheet   of    Mains
                                      Examination of 65th         Combined Competitive
                                      exam pertaining writ petitioner and after doing
                                      same, the fresh result/marks be declare for the
                                      petitioner on the ground the a bare perusal of
                                      her answer sheet would manifest that that the
                                      petitioner is sanguine about her answer sheet
                                      content and in no circumstances the marks
                                      allotted to her as per her response in her answer
                                      sheet can be justified.
                                                   ii. For Issuance of an appropriate
Patna High Court CWJC No.1467 of 2022(5) dt.03-04-2026
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                             writ in the nature of Mandamus, commanding
                             and directing the Respondent Commission to
                             reserve a seat for the petitioner in case she
                             qualifies for same after process of revaluation.
                                         iii. For a declaration that Respondent
                             Commission which is a constitutional body and
                             which is responsible for selection of different
                             civil post, it is incumbent upon them to conduct
                             such examinations not only on regular intervals
                             but also conduct of such examination should be
                             carried on with much diligence and care and not
                             only the fate of students who appear for such
                             examination is at stake, it is the whole State itself
                             whose affairs are managed by way of such
                             persons who qualifies such exams.
                                         iv.   For       issuance   of   any   other
                             appropriate writ/writs, order/orders, direction/
                             directions for which the writ petitioner is entitled
                             under the facts and circumstances of the case.”

                      3. Without going into the details of the case of the

          parties, it may be observed here that the case of the respondent-

          BPSC is that the prayer made by the petitioner for re-evaluation

          of the answer-sheets cannot be acceded to for the reason of there

          being no provision of re-evaluation but only of re-totalling.

                      4. Similar matters came to be decided in different

          cases by this Court, copies of which have been brought on

          record as annexure to the counter affidavit being order dated

          23.2.2015 passed in CWJC no.1137 of 2014 (Prabhat Kumar vs.
            Patna High Court CWJC No.1467 of 2022(5) dt.03-04-2026
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                      The State of Bihar & Ors.) and order dated 25.4.2016 passed in

                      LPA no.927 of 2015 (Prabhat Kumar vs. The State of Bihar &

                      Ors.).

                                  5. In view of the judgments enclosed with the counter

                      affidavit and having gone through the contents thereof, in the

                      opinion of the Court, the issue in the matter already stands

                      concluded.

                                  6. No relief can be granted to the petitioner and the

                      application is dismissed.



                                                         (Partha Sarthy, J)
avinash/-

U


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