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Patna High Court

VishalakshiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The registration of a candidate is valid for only three years as per the Board’s 1994 notification, and no relief can be granted; the petitioner must seek fresh admission to obtain a new registration.

Summary

The petitioner, Vishalakshi, sought a writ directing the Bihar School Examination Board to accept her fee and issue a new registration certificate so she could sit for the Intermediate Examination 2024‑26. She had previously been registered for the 2019‑21 session, failed the exam, and three years had elapsed since her registration. The Board relied on a 1994 notification stating that a candidate’s registration is valid for only three years, requiring fresh admission after that period. The petitioner also argued that the examination had already begun, making her earlier petition infructuous. The Court held that the statutory three‑year limit is binding, no relief could be granted, and the petitioner must obtain fresh admission to obtain a new registration. Consequently, the writ petition was closed.

Issues considered

  • Whether the Bihar School Examination Board is bound to accept the petitioner’s fee and issue a new registration certificate after the statutory three‑year registration period has expired.
  • Whether the petitioner can be permitted to appear in the ongoing Intermediate Examination despite the lapse of her registration.
  • Whether the writ petition is maintainable in view of the prescribed limitation under the Board’s notification.

Subjects

  • registration validity
  • intermediate examination
  • writ petition
  • education law
  • statutory limitation
  • Bihar School Examination Board

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.20645 of 2025
     ======================================================
     Vishalakshi, D/o Shyam Deo Paswan, Resident of 607/1 Muhalla- Sheopuri,
     Navchetna Path, P.O- Anisabad, P.S- Gardanibagh, District- Patna

                                                         ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Additional Chief Secretary, Education
     Department, Govt. of Bihar Patna
2.   The Bihar School Examination Board, Patna through the Chairman
3.   The Controller of the Examination Bihar School Examination Board, Patna.
4.   The Headmaster, SRRS (plus 2) School Punpun, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Raj Kishore Prasad, Advocate
     For the Respondent/s   :     Mr. Standing Counsel 09
     For the BSEB           :     Mr. Gyan Shankar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 03-02-2026

                     Heard the learned Advocate for the respective

      parties.

                     2. The petitioner by invoking the jurisdiction of this

      Court seeking a direction upon the concerned respondent

      authorities of Bihar School Examination Board, Patna (in short

      ‘Board’) to accept the fee and issue new registration certificate

      in favour of the petitioner enabling her to appear in the

      Intermediate Examination for the Session 2024-26.

                     3. Learned Advocate for the petitioner submitted

      that the petitioner was admitted in SRRS +2 School, Punpun,

      Patna and had appeared in the Intermediate Examination of
Patna High Court CWJC No.20645 of 2025 dt.03-02-2026
                                           2/3




         Sessions 2019-21, but could not pass the examination. In the

         meanwhile, she could not continue with her study and three

         years have been lapsed from the date of registration. Earlier also

         the petitioner had moved this Court in C.W.J.C. No. 751 of

         2025, however, on account of the fact that the examination was

         started and she could not appear in the said examination, the

         writ petition has become infructuous and accordingly, the

         petitioner withdrew the writ petition.

                        4. Mr. Gyan Shankar, learned Advocate for the

         respondent Board referring to letters dated 26.11.2024 and

         27.05.2025, the copies of which are marked as Annexures- P/4

         as well as P/5, submitted that in terms with Article 2 of Clause

         12(1) and Sub-clause (10) of the notification dated 07.09.1994,

         the registration of a candidate is valid for three years and

         admittedly the petitioner had been registered for the Sessions

         2019-21 and three years have already been lapsed in the year,

         2023 itself, hence in any circumstances, the petitioner who

         needs to pursue the course and appear in the Intermediate

         examination has to take admission afresh in a school and after

         completing two years course, she will get a fresh registration

         and may appear in the Intermediate examination.

                        5. It is further contended that so far the prayer of
             Patna High Court CWJC No.20645 of 2025 dt.03-02-2026
                                                        3/3




                      the petitioner to appear in the present Intermediate Examination

                      is concerned, the same has already been started and no relief

                      could be granted to the petitioner.

                                     6. Having considered the submissions advanced by

                      the learned Advocate for the respective parties and taking note

                      of the specific prescriptions, as stipulated in the notification

                      dated 07.09.1994 to the extent whereby it is stated that the life

                      of the registration is only for three years, this Court does not

                      find any good reason to entertain the present writ petition.

                      However, if the petitioner takes fresh admission in the school

                      and pursue the course, her registration shall be done by the

                      Board in accordance with law and the petitioner would be

                      allowed to appear in the examination.

                                     7. The writ petition stands closed, with the

                      aforesaid observation.



                                                  (Harish Kumar, J)
uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.02.2026
Transmission Date       NA


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