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Patna High Court

Guriya KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the trivial error in the date of birth must be corrected and directed the BSEB to do so.

Summary

Guriya Kumari filed a writ petition seeking a mandamus directing the Bihar School Examination Board (BSEB) to correct her date of birth on the result sheet and admit card for the Secondary Teacher Eligibility Test 2025, where it was mistakenly entered as 05.03.1993 instead of 15.03.1993. She argued that the error was inadvertent and that the official records uploaded with her application reflect the correct date. The Board contended that the matter was already before its Secretary and that a decision was pending. The Court, relying on precedents such as Vashist Narayan Kumar and Prince Jaibir Singh, held that the error was trivial and did not affect the selection process, warranting correction. Accordingly, the Court directed the Secretary of BSEB to adjudicate and make the necessary corrections within two weeks, and disposed of the writ petition.

Issues considered

  • Whether a trivial clerical error in the date of birth on an eligibility test application justifies a mandamus directing correction of the result sheet and admit card.

Subjects

  • date of birth correction
  • trivial error
  • mandamus
  • eligibility test
  • result sheet correction
  • administrative law
  • Bihar School Examination Board

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4444 of 2026
                 ======================================================
                 Guriya Kumari D/o Shavind Sharma, R/o Ward No. 15, Jagmal Bigha, P.O.
                 and P.S.-Katauna, District- Patna.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Education, Govt. of Bihar, Patna
           2.    The Director, Secondary Education, Govt. of Bihar, Patna
           3.    The Bihar School Examination Board, Patna through its Chairman
           4.    The Secretary, Bihar School Examination Board, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Shambhu Sharan Kumar, Advocate
                 For the Respondent/s   :       Mr. Kumar Alok, Standing Counsel (07)
                 For the BSEB           :       Mr. P. K. Shahi, Sr. Advocate
                                                Mr. Kumar Anjaneya Shanu, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   31-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The writ petition has been filed for the following

                   reliefs :-

                                            i) To issue a writ/order/direction in the
                                  nature of mandamus directing the Respondent
                                  Authorities to revise the result sheet as well as
                                  admit card of petitioner for Secondary Teacher
                                  Eligibility Test, 2025 of the Bihar School
                                  Examination Board bearing BSEB Unique ID-
                                  5252260021595, Application No. BS25485599,
                                  Roll No.-2511021088 issued to her by mentioning
                                  the petitioner's correct date of birth as 15.03.1993
Patna High Court CWJC No.4444 of 2026(2) dt.31-03-2026
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                          in place of her date of birth wrongly mentioned as
                          05.03.1993.
                                  ii) To grant any other relief or reliefs for
                          which the petitioner is found to be entitled in the
                          facts and circumstances of the case.

                      3. Learned counsel for the petitioner submits that

          appropriate representation with regard to correction of date of

          birth, which has inadvertently been mentioned as 05.03.1993 in

          place of 15.03.1993, may be directed to be decided by the

          authorities of Bihar School Examination Board by referring to

          the official records, which was uploaded by this petitioner while

          filling up the application form.

                      4. It has next been submitted, by referring to

          Annexure-P/9, that the case of the petitioner is also similar to a

          case which has already been adjudicated by a Co-ordinate

          Bench of this Court in the case of Arun Kumar Roy v. The

          State of Bihar and Others (C.W.J.C. No.13232 of 2025) and the

          relevant portion of the said order is extracted hereunder :-

                                  9. In the aforementioned premise, it would
                          be pertinent to take note of the decision rendered in
                          the case of Vashist Narayan Kumar (supra). The
                          Hon'ble Supreme Court, while considering a case
                          where a student has mistakenly given an incorrect
                          date of birth and was thereby resultantly ousted
                          from the zone of consideration, the Court held that
Patna High Court CWJC No.4444 of 2026(2) dt.31-03-2026
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                          it is a trivial error in an application which plays no
                          part in the selection process and taking into
                          account the facts and circumstances of the case,
                          allowed the appeal. It would be apt and proper to
                          encapsulate paragraph no. 19 of the decision of the
                          Vashist Narayan Kumar (supra) which reads as
                          follows:-
                                                 "19. In this case, the appellant
                                          has participated in the selection
                                          process and cleared all the stages
                                          successfully. The error in the
                                          application is trivial which did not
                                          play any part in the selection process.
                                          The State was justified in making a
                                          mountain out of this molehill. Perhaps
                                          the rarefied atmosphere of the
                                          cybercafe, got the better of the
                                          appellant. He omitted to notice the
                                          error and even failed to avail the
                                          corrective mechanism offered. In the
                                          instant case, we cannot turn a
                                          Nelson's eye to the ground realities
                                          that existed. In the order dated 22-11-
                                          2021 in Prince Jaibir Singh v. Union
                                          of India [Prince Jaibir Singh v. Union
                                          of India, (2024) 11 SCC 793], this
                                          Court rightly observed that though
                                          technology is a great enabler, there is
                                          at the same time, a digital divide."
                                  10. Undisputedly, there was an inadvertent
                          mistake at the time of filing of the online
                          application and the gender of the petitioner has
                          been mistakenly mentioned as female instead of
                          male and for rectification of which the petitioner
                          has filed several representation and approached
Patna High Court CWJC No.4444 of 2026(2) dt.31-03-2026
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                          before all the authorities concerned, but the same
                          could not be done because of the stipulations made
                          in the advertisement, however this fact cannot be
                          ignored, the petitioner has been allowed to appear
                          in the examination and he successfully passed; had
                          the candidature of the petitioner not been valid, he
                          should not have been allowed to appear in the
                          examination. Once the petitioner was allowed to
                          appear in the examination where he successfully
                          passed and secured much above the cut-off marks
                          under the Male-EBC category and consequent
                          whereupon the appointment letter as well as
                          joining letter has also been issued, the joining of
                          the petitioner cannot be denied on account of such
                          trivial mistake as occurred at the time of
                          submission of the application form.

                      5. On the other hand, learned counsel for the Bihar

          School Examination Board, submits that since the representation

          has already been filed before the Secretary, Bihar School

          Examination Board, which is appended with the writ petition as

          Annexure-P/3 and as such, necessary decision shall be taken for

          which this Court may appropriately direct.

                      6. Considering the submission of the parties, this

          Court finds it appropriate to direct the Secretary, Bihar School

          Examination Board, to adjudicate the issues raised by this

          petitioner, within a period of two weeks from today by making

          necessary corrections in reference to the official records and in
           Patna High Court CWJC No.4444 of 2026(2) dt.31-03-2026
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                     case, the petitioner’s assistance is required then through

                     appropriate communication, the same shall be achieved and all

                     necessary exercise in light of the judgment of Hon’ble Apex

                     Court, be completed within the time so allowed and after

                     making necessary corrections, the same shall be communicated

                     to the petitioner for exploring his future avenues.

                                 7. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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