Patna High Court
Kumari BabliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioner may file a fresh representation before the Examination Controller, who must then pass a reasoned order within four weeks, and therefore did not grant mandamus.
Summary
The petitioner, Kumari Babli, filed a writ petition seeking a mandamus directing the Bihar School Examination Board (BSEB) to consider her objection form filed through the official portal for the Secondary Teacher Eligibility Test (STET-25) and to rectify alleged evaluation anomalies. She alleged that the BSEB released the answer key on 24-11-2025, allowed objections, but failed to act on her objection despite a representation filed on 10-01-2026. The BSEB contended that petitioners in similar cases were permitted to file fresh representations before the Examination Controller, who is the competent authority. The Court, after hearing both sides, granted the petitioner liberty to file a fresh representation within two weeks and directed the Examination Controller to issue a reasoned order within four weeks. Consequently, the writ petition was disposed of without granting mandamus, pending the fresh representation.
Issues considered
- What is the appropriate remedy when a statutory examination board fails to consider an objection filed through its prescribed portal?
- Whether a writ of mandamus can be issued to compel the Bihar School Examination Board to act on the petitioner's objection?
- Whether the petitioner is entitled to a fresh opportunity to represent her case before the Examination Controller.
Subjects
- writ of mandamus
- objection form
- Bihar School Examination Board
- Secondary Teacher Eligibility Test
- administrative law
- procedural fairness
- education
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2089 of 2026
======================================================
Kumari Babli, Daughter of Ganesh Mandal, resident of Village- Jayrampur,
Ward No. 10, P.O. and P.S.-Murliganj, District- Madhepura, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of
Education, Bihar, Patna
2. Additional Chief Secretary, Department of Education, Bihar, Patna
3. The Chairman, Bihar School Examination Board, Sinha Library Road,
Buddh Marg, Patna, Bihar- 800017
4. The Secretary, Bihar School Examination Board, Sinha Library Road,
Buddh Marg, Patna, Bihar-800017
5. The Examination Controller, Bihar School Examination Board, Sinha
Library Road, Buddh Marg, Patna, Bihar- 800017
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate
For the State : Mr. Addl. Advocate General (07)
For the BSEB : Mr. P. K. Shahi, Sr. Advocate
Mr. Naresh Dikshit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-02-2026
Heard the parties.
2. The petitioner has invoked the jurisdiction of this
Court seeking following reliefs:
“(a) For issuance of a writ of
Mandamus or any other appropriate writ/writs,
order/orders, or direction/directions to the
Respondent Board to consider the submission of the
Objection Form raised by the petitioner through
the Official Portal in Secondary Teacher Eligibility
Test (STET) – 25 conducted by the Bihar School
Examination Board (BSEB).
(b) For a direction to Respondent
Patna High Court CWJC No.2089 of 2026 dt.09-02-2026
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Board to consider the Objection and rectify the
anomalies in the evaluation process of the said test.
(c) For a direction to Respondent
Board to provide Revised Answer Key of the
Petitioner after considering his Objection Form.
(d) For further pass any other
order/orders in shape of consequential relief to the
Petitioner may be found to legally entitled to in the
facts and circumstances of the instant case.”
3. Learned Advocate for the petitioner submitted
that despite the fact the respondent Bihar School Examination
Board (hereinafter referred to as ‘the BSEB’) has released
answer key for the STET-25 on Official Website of the BSEB on
24.11/2025 and allowed the candidates to raise objections
through official Website and in the light of the aforesaid
instruction, the petitioner has downloaded his
response/objection from the official Website categorically
stating that she should be given more marks, till date no
decision has been taken.
4. For redressal of the grievance, the petitioner has
also submitted representation before the Examination
Controller, BSEB on 10.01.2026, the copy of which is marked
as Annexure-P/6 to the instant writ petition, however, till date
the respondent authorities sitting tight over the matter.
5. Mr. Naresh Dikshit, learned Advocate for the
Patna High Court CWJC No.2089 of 2026 dt.09-02-2026
3/3
BSEB fairly submits that in identical writ petitions, the
petitioners were extended liberty to file fresh representation
before the Examination Controller, BSEB, who is the competent
authority to look into the matter and take appropriate decision.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the aforesaid facts that the objection of the petitioner has not
been considered and brought to its logical conclusion, this Court
deems it fit and proper to extend liberty to the petitioner to file a
fresh representation bringing on record the necessary facts
before the respondent no.5 (Examination Controller, BSEB),
preferably within a period of two weeks from today.
7. In case, such a representation is filed, the
concerned respondent shall pass a reasoned and speaking order
dealing with the objection raised by the petitioner within a
further period of four weeks.
8. The writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.02.2026
Transmission Date NA
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