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Patna High Court

Shubhankar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was not entertained; the petitioner was directed to file a representation before the respondent, and the writ petition was disposed.

Summary

Shubhankar Kumar filed a writ petition challenging the Bihar government's instruction for the Secondary Teacher Eligibility Test (STET) 2024, alleging that the reservation policy applied to qualifying marks is not permitted by law and that the test is not a competitive examination. He sought quashing of the instruction, issuance of fresh guidelines without reservation implications, a mandamus declaring the instruction unconstitutional, and other appropriate reliefs. The State of Bihar and the Bihar School Examination Board contended that the reservation policy falls within the government's domain and that the petition was misconceived. The Court observed that the petitioner had not exhausted administrative remedies and directed him to file a detailed representation before the Additional Chief Secretary, Education Department within two weeks. The Court reserved the right to consider the representation thereafter and disposed of the writ petition.

Issues considered

  • Whether the reservation policy applied to qualifying marks in the STET 2024 is permissible under law
  • Whether the STET qualifies as a competitive examination for the purpose of reservation
  • Whether the instruction issued under Advertisement no.442/2023 is unconstitutional and illegal
  • Whether the High Court can entertain the writ petition at this stage

Subjects

  • reservation policy
  • teacher eligibility test
  • writ jurisdiction
  • administrative law
  • education
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2167 of 2026
                 ======================================================
                 Shubhankar Kumar son of Krishna Mohan Ray, resident of Village- Gangora
                 Tola, Ward no.04, P.O.- Bihra,, P.S. Bihra District- Saharsa.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through its Chief Secretary Govt. of Bihar, Patna -
                 800015.
           2.    The Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna.
           3.    The Director, Secondary Education, Education Department, Government of
                 Bihar, Patna.
           4.    The Chairman Bihar School Examination Board, Patna.
           5.    The Examination Controller (Misc.) Bihar School Examination Board,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Raja Ram Mishra, Adv.
                 For the Respondent/s   :     Mr. AC to AG
                 For the BSEB           :     Mr. P.K. Shahi, Sr. Adv.
                                              Mr. Gyan Prakash, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   10-02-2026                     Heard the parties.

                               2. The petitioner has invoked the extraordinary writ

                   jurisdiction of this Court for the following reliefs:-

                                  “(i) To quash the instruction for Examination of
                                  STET (in short Secondary Teacher Eligibility Test)
                                  2024 issued under Advertise no.442/2023 dated
                                  13-12-2023 as the reservation policy of the
                                  Government has been implemented for qualifying
                                  marks in the Teachers Eligibility Test not
                                  permitted under law.
                                  (ii) To issue direction upon the Respondents to
                                  issue Fresh instructions and Guidelines for STET
Patna High Court CWJC No.2167 of 2026(2) dt.10-02-2026
                                            2/3




                         without implication of Reservation policy in
                         qualifying marks as the test is for profession of
                         teaching and the test is not a competitive
                         examination.
                         (iii) To issue a writ of Mandamus declaring all the
                         activity under           the instruction contained in
                         Advertisement no.442/2023 unconstitutional and
                         illegal.
                         (iv) To issue other proper writ/order/direction/orders to
                         the ends of justice.”

                      3. The learned Advocate for the petitioner submitted

          that the Government of Bihar is not implementing the

          reservation policy in the correct perspective, thereby causing

          serious prejudice to the rights and entitlements of the petitioner.

                      4. The learned Advocate for the State and the Bihar

          School Examination Board submitted that the implementation of

          the reservation policy falls within the domain of the State

          Government, and the present writ petition appears to be

          misconceived.

                      5. At this stage, the learned Advocate for the

          petitioner submits that, for redressal of his grievance, the

          petitioner has already approached before the authorities

          concerned, but they have not taken any decision.

                      6. Having considered the submissions advanced and
          Patna High Court CWJC No.2167 of 2026(2) dt.10-02-2026
                                                      3/3




                    taking note of the nature of the grievance, this Court does not

                    find any reason or occasion to entertain the present petition at

                    this stage. Liberty is, however, reserved to the petitioner to file a

                    detailed representation before respondent no.2, preferably

                    within a period of two weeks from today.

                                7. In case such a representation is filed, the same shall

                    be looked into by the concerned respondent, who shall pass a

                    reasoned and speaking order considering the grievance of the

                    petitioner, within a further period of eight weeks from the date

                    of receipt of the representation.

                                8. The writ petition stands disposed off.



                                               (Harish Kumar, J)
rohit/-

U


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