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Patna High Court

Awdhesh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to issue mandamus and instead directed the petitioners to file a fresh representation before the Examination Controller, with the Board to decide the objection within a stipulated time.

Summary

Eight candidates filed a writ petition before the Patna High Court seeking a writ of 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) 2025, rectify alleged evaluation anomalies, and issue a revised answer key. The petitioners alleged that despite the BSEB publishing the answer key on 24‑11‑2025 and allowing objections, their submissions made between 06‑01‑2026 and 03‑02‑2026 remained unaddressed. The BSEB contended that the petitioners could file fresh representations before the Examination Controller, who is the competent authority. The Court, after hearing counsel, held that the petitioners should be given a further opportunity to file a fresh representation 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 or any other relief.

Issues considered

  • The BSEB is obligated to consider objection forms filed by candidates under its examination regulations.
  • Whether a writ of mandamus is the appropriate remedy to compel the BSEB to issue a revised answer key.
  • Whether the petitioners must first approach the Examination Controller with a fresh representation before seeking judicial intervention.

Subjects

  • STET
  • mandamus
  • objection form
  • answer key
  • Bihar School Examination Board
  • writ jurisdiction
  • administrative law
  • higher education

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2828 of 2026
                 ======================================================
           1.     Awdhesh Prasad Son of Daroga Prasad, Resident of Village- Bishunpura,
                  P.O.-Koyladewa, P.S.- Miraganj, District- Gopalganj, Bihar.
           2.    Manikant Sharma, Son of Shrikant Sharma, Resident of Village- Maliksarai
                 Islampur, P.O. and P.S.- Islampur, District- Nalanda, Bihar.
           3.    Sundaram Kumar, Son of Gautam Ishwar, Resident of Village and P.O.-
                 Sonbarsha, P.S.-Bihpur, District- Bhagalpur, Bihar.
           4.    Babita Kumari, Daughter of Yogendra Rai, Resident of Village- Chhater
                 Chhapra, P.O.-Shitalpur, P.S.- Dighwara, District- Saran, Bihar.
           5.    Anuj Kumar, Son of Ramanand Mandal, Resident of Village- Jamuvan, P.O.
                 and P.S.-Bhargama, District- Araria, Bihar.
           6.    Shubhashish Shishir, Son of Vijay Kumar, Resident of Village- Hasanpur,
                 P.O.- Barahi, P.S.- Madhepura, District - Madhepura, Bihar.
           7.    Raman Kumar, Son of Sudama Paswan, Resident of Ward no.- 6, Siuri, P.S.-
                 Majhaul, District- Begusarai, Bihar.
           8.    Sumit Kumar, Son of Pramod Kumar Singh, Resident of Ward No.- 6,
                 Village and P.O.-Barauli, P.S.- Barauli, District- Gopalganj, 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.Government Pleader (24)
                 For the BSEB           :     Mr. P.K. Shahi, Sr. Adv.
                                              Mr. Gyan Shankar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   19-02-2026                Heard learned counsel for the parties.

                              2. In this writ petition, the petitioners have prayed for
Patna High Court CWJC No.2828 of 2026(2) dt.19-02-2026
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          the following reliefs:

                              “1. That this present writ application has been
                  filed before this Hon'ble Court invoking its writ
                  jurisdiction for 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)- 2025 conducted by Bihar
                  School 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 Petitioners after
                  considering his Objection Form.
                              d) For further pass any other order/orders in
                  shape of consequential relief to the Petitioners may be
                  found to legally entitled to in the facts and circumstances
                  of the instant case.”
                      3. Learned counsel for the petitioners has 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
Patna High Court CWJC No.2828 of 2026(2) dt.19-02-2026
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          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 to 03.02.2026 respectively, the

          copies of which have been marked as Annexure-P/6 to the

          instant writ petition, however, till date the respondent authorities

          are sitting tight over the matter.

                      5. Counsel 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),
          Patna High Court CWJC No.2828 of 2026(2) dt.19-02-2026
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                    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 of.



                                                                       (Ajit Kumar, J)
rishi/-

U


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