Patna High Court
Madhu KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court directed the Regional Director of NIOS, Bihar, to consider the petitioner's representation and correct the marks if the claim is found to be correct.
Summary
Madhu Kumari petitioned the Patna High Court seeking a direction to the National Institute of Open Schooling (NIOS) to correct an error in her examination marks where the subject code 510 was mistakenly recorded as 509, resulting in an 'absent' entry. She alleged that the mistake occurred due to the study centre awarding marks against the wrong code and that despite a letter from the District Education Officer on 28-11-2022, no correction was made. The respondents argued that the examination was taken in March 2019 and the petition was filed after a six‑year delay, making correction difficult, especially as study centres have been closed. The Court noted the limited grievance and the prior forwarding of the petitioner's request by the District Education Officer, and directed the Regional Director of NIOS, Bihar, to consider the representation and, if valid, correct the marks within eight weeks. The Court ordered that the writ petition be disposed of.
Issues considered
- Whether the National Institute of Open Schooling is obligated to correct the erroneous marks despite the six‑year delay.
- Whether the petitioner is entitled to relief under writ jurisdiction for administrative inaction by the education authorities.
- Whether the delay in filing the petition bars the relief sought.
Subjects
- marks correction
- open schooling
- examination error
- administrative delay
- writ petition
- education
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16059 of 2025
======================================================
Madhu Kumari, Wife of Bittu Kumar @ Bittu Singh, Resident of Village-
Bishanpur, Jagan Singh Tola, P.s.- Sour Bazar, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Director, Primary Eduation Department, Government of Bihar, Patna.
4. The Regional Director, National Institute of Open Schooling, Regional
Centre, Bihar, Patna.
5. The District Education Officer, Araria, Dist- Araria.
6. The Joint Director, National Institute of Open Schooling, Plot No. A-24/25
Institutional Area, Sector- 60, Noida, District- Gautam Budh Nagar, Uttar
Pradesh- 201309.
7. The Principal/Co-ordinator NIOS-D-EI.Ed, Centre Code- 471011016, Sonay
Anup High School, Bhan, Tekthi, Dist- Madhepura.
8. The Union of India through the Chairman of National Institute of Open
Schooling, Plot No. A-24/25 Institutional Area, Sector- 60, Noida, District-
Gautam Budh Nagar, Uttar Pradesh- 201309.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Ms. Isha Mishra, Advocate
For the State : Mr. Binod Kumar Yadav, SC- 18
For the UOI : Mr. Manoj Kumar Singh, CGC
Mr. Sanjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 22-01-2026
Heard the parties.
2. The petitioner has approached this Court seeking
a direction upon the respondents, especially respondent no.4 to
consider her application dated 26.11.2022, which was forwarded
to the respondent National Institute of Open Schooling, Noida
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for due correction of marks, which had wrongly been mentioned
in the subject Code 509, in place of subject code 510 (Learning
Science at Upper Primary Level).
3. Learned Advocate for the petitioner submitted
that despite the fact that the petitioner had participated in the
examination under Subject Code 510, she has been wrongly
shown as absent in Learning Science at Upper Primary Level.
The mistake has occurred on account of the fact that the Study
Centre has inadvertently awarded the marks against Code No.
509 by leaving the Code 510, through which the petitioner was
appearing. It is further submitted that for correction of the
marks, the petitioner has also approached before the District
Education Officer, Madhepura, who vide Letter No. 45, dated
28.11.2022 also requested the Joint Director, National Institute
of Open Schooling, Noida for the needful, but the same has not
been done.
4. Learned Advocate for the respondent National
Institute of Open Schooling submitted that the petitioner had
appeared in the Diploma in Elementary examination in the
month of March, 2019 itself and now she has approached this
Court after a delay of six years and, as such, Institute is facing
difficulty in making any correction. Moreover, all the study
Patna High Court CWJC No.16059 of 2025 dt.22-01-2026
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centres have been closed.
5. Having considered the limited grievance of the
petitioner and taking note of the fact that the District Education
Officer vide his Letter No. 451, dated 28.11.2022 had already
forwarded the letter of the petitioner for necessary correction
and the needful, but till date no action has been taken, this Court
directs the respondent no.4 (Regional Director, National
Institute of Schooling, Regional Centre, Bihar, Patna) to
consider the representation of the petitioner, as contained in
Annexure-P/3 read with Annexure-P/4, preferably within a
period of eight weeks from the date of receipt/production of a
copy of this order and take appropriate action.
6. Suffice it to observe that if the claim of the
petitioner finds correct, necessary correction be made in the
marks certificate of the petitioner.
7. The writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.01.2026
Transmission Date NA
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