Patna High Court
Maya KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court held that the petitioners may file fresh representations before the Examination Controller, who must then pass a reasoned order within a stipulated time, and therefore did not grant a mandamus.
Summary
Petitioners Maya Kumari and Sandhya Mourya filed a writ petition seeking a mandamus directing the Bihar School Examination Board (BSEB) to consider their objection forms filed through the official portal for the Secondary Teacher Eligibility Test (STET-25) and to issue a revised answer key. They alleged that the BSEB had released the answer key on 24-11-2025, allowed objections, but failed to act on their submissions made on 06-01-2026 and 07-01-2026. The BSEB contended that petitioners could file fresh representations before the Examination Controller, who is the competent authority. The Court, after hearing both sides, held that petitioners should be given a further opportunity to file fresh representations within two weeks and that the Examination Controller must pass a reasoned order within four weeks. Consequently, the writ petition was disposed of without granting mandamus, with directions for the Board to adjudicate the matter expeditiously.
Issues considered
- Whether the Bihar School Examination Board is legally obligated to consider objections filed through its official portal and issue a revised answer key for STET-25.
- Whether a writ of mandamus can be issued to compel the Board to act on the petitioners' objections.
Subjects
- writ of mandamus
- education law
- Bihar School Examination Board
- objection form
- answer key revision
- administrative law
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2150 of 2026
======================================================
1. Maya Kumari Daughter of Sheo Dayal Singh, resident of Village- Diliyan,
Post-Karwa, P.S.- Udwant Nagar, District- Bhojpur, Bihar
2. Sandhya Mourya Daughter of Chandra Kishor Singh, resident of Bakshu
Shahid Baba Gali. PO and P.S.- Buxar, District- Buxar, 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, Adv.
For the Respondent/s : Mr. Mujtabul Haque, GP-12
For the BSEB : Mr. Siddhartha Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 10-02-2026 Heard the parties.
2. The petitioners have 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 petitioners through
the Official Portal in Secondary Teacher Eligibility
Test (STET) – 25 conducted by the Bihar School
Patna High Court CWJC No.2150 of 2026(2) dt.10-02-2026
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Examination Board (BSEB).
(b) For a direction to Respondent
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 petitioners 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 petitioners have downloaded their
response/objection from the official Website categorically
stating that they should be given more marks, till date no
decision has been taken.
4. For redressal of the grievance, the petitioners
have also submitted representation(s) before the Examination
Controller, BSEB on 06.01.2026 and 07.01.2026 respectively,
the copies of which have been marked as Annexure-P/6 to the
instant writ petition, however, till date the respondent authorities are
Patna High Court CWJC No.2150 of 2026(2) dt.10-02-2026
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sitting tight over the matter.
5. Mr. Siddhartha Prasad, learned Advocate for the
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 petitioners have
not been considered and brought to its logical conclusion, this
Court deems it fit and proper to extend liberty to the petitioners
to file 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 petitioners within a
further period of four weeks.
8. The writ petition stands disposed off.
(Harish Kumar, J)
rohit/-
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