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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Re‑evaluation of answer‑books is not permissible under the Bihar Public Service Commission rules, and the writ petition is dismissed.

Summary

Santosh Kumar, a candidate of the 32nd Bihar Judicial Services Competitive Examination, filed a writ petition seeking a mandamus directing the Bihar Public Service Commission (BPSC) to grant him partial marks for specific questions in the written exam and to declare him successful under the EBC category, or alternatively to appoint him as Civil Judge after setting aside the appointment of another candidate. The petition also sought re‑evaluation of his answer‑books. The respondents, including the State of Bihar and BPSC, contended that the matter had been decided in a prior Patna High Court case and that re‑evaluation is not permissible under BPSC rules. The Court relied on the Supreme Court’s decision in Pramod Kumar Srivastava v. Chairman, BPSC (2004) 6 SCC 714 and the earlier Patna High Court judgment (C.W.J.C. No. 5947 of 2025), which held that candidates have no right to re‑evaluate answer‑books absent a specific provision. The Court affirmed that allowing re‑evaluation would cause administrative delays and inconsistencies. Consequently, the petition was dismissed.

Issues considered

  • Whether a candidate of a competitive examination is entitled to re‑evaluation of answer‑books under BPSC rules
  • Whether the High Court can issue a mandamus directing BPSC to grant marks or appoint the petitioner in place of another candidate

Subjects

  • re‑evaluation
  • mandamus
  • Bihar Public Service Commission
  • judicial services examination
  • EBC reservation
  • competitive examination

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9850 of 2025
                 ======================================================
                 Santosh Kumar S/o- Late Shyam Babu, R/o- Sundari Sadan, Gali No.- 09,
                 Prem Nagar, Chandmari Road, P.O.- Lohiya Nagar, P.S.- Kankarbagh,
                 District- Patna, State - Bihar, Pin - 800020.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Old
                 Secretariat, Patna, Bihar.
           2.    Department of General Administration through Principal Secretary,
                 Government of Bihar, Patna.
           3.    The Bihar Public Service Commission through its Chairman, 15,Jawaharlal
                 Nehru Marg (Bailey Road), Patna- 800001.
           4.    The Secretary, the Bihar Public Service Commission, 15 Jawaharlal Nehru
                 Marg (Bailey Road), Patna - 800001.
           5.    The High Court of Judicature at Patna in its administrative side through the
                 Registrar General, Patna High Court, Patna.
           6.    Anuj Kumar, S/o Sri Ram Sumiran Rai, currently posted as Civil Judge,
                 Junior Division at Dalsingsarai, District- Samastipur, State- Bihar and also
                 resident of Anita Kunj, Vishnupur Pakri, Near Radha Krishna Mandir, 70
                 Feet IOC Road, P.O.- Pakri, P.S. - Beur, Patna, Bihar, Pin - 802301.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Kumar Brijnandan, Advocate
                 For BPSC               :      Mr. Lalit Kishore, Sr. Advocate
                 For Patna High Court   :      Mr. Piyus Lall, Advocate
                 For the Respondent/s   :      Mr. P.K. Verma, Addl. Advocate General (03)
                                               Mr. Sanjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

4   17-02-2026                     This writ petition has been filed by the petitioner

                   with following relief(s):

                                                “(i) For issuance of an order (s) / direction
                                                (s) or writ(s) in the nature of Mandamus
                                                directing the Respondent Nos. 3 and 4 (Bihar
                                                Public Service Commission) to grant full or
Patna High Court CWJC No.9850 of 2025(4) dt.17-02-2026
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                                          partial marks to the Petitioner for the
                                          correct answers of Question Nos. 1(b), 1(g),
                                          1(j) and 6(c) of Elementary General Science
                                          Paper and Question Nos. 5(a), 13(j), 14(d),
                                          18(d) and 18(e) of General Knowledge
                                          Paper of Written Examination of 32nd Bihar
                                          Judicial Services Competitive Examination
                                          (Advt.   No. 23/2023) and declare         the
                                          Petitioner successful in 32nd Bihar Judicial
                                          Services Competitive Examination (Advt. No.
                                          23/2023) under EBC category in the event
                                          the Petitioner secures more than 482 marks
                                          (Cut-off Marks for EBC category) in the
                                          Final Examination. And/or
                                          (ii) For issuance of further order (s) /
                                          direction (s) or writ(s) in the nature of
                                          Mandamus directing the respondents to
                                          appoint the Petitioner on the post of Civil
                                          Judge (Junior Division) after setting aside
                                          the appointment of Respondent No. 6 Anuj
                                          Kumar who is the last selected candidate
                                          under EBC category on the basis of 32nd
                                          Bihar     Judicial   Services    Competitive
                                          Examination (Advt. No. 23/2023). And/or
                                          (iii) Pass such other order / orders which
                                          may appear fit and proper in the facts and
                                          circumstances of the instant case.”


                      2. Learned counsel for the Bihar Public Service

          Commission so also the learned counsel for the High Court and

          learned counsel for the State submit that similar matter has been

          disposed of by Division Bench of this Court on 21.01.2026 in
Patna High Court CWJC No.9850 of 2025(4) dt.17-02-2026
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          C.W.J.C. No. 5947 of 2025, in which one of us (Sangam Kumar

          Sahoo, CJ) was a party. It would be apt to recapitulate the

          relevant paragraphs, which reads as follows:-

                          “4. It is a well settled proposition of law that re-
                          evaluation is not permissible and in the case of
                          B.P.S.C. itself, the Hon’ble Apex Court has held so in
                          its judgment rendered in the case of Pramod Kumar
                          Srivastava vs. Chairman, Bihar Public Service
                          Commission & Ors., reported in (2004) 6 SCC 714,
                          paragraph nos. 7 to 9 whereof are reproduced
                          hereinbelow:
                                                 “7. We have heard the appellant
                                                 (writ-petitioner) in person and
                                                 learned      counsel   for    the
                                                 respondents at considerable
                                                 length. The main question which
                                                 arises for consideration is
                                                 whether the learned Single Judge
                                                 was justified in directing re-
                                                 evaluation of the answer-book of
                                                 the appellant in General Science
                                                 paper. Under the relevant rules
                                                 of the Commission, there is no
                                                 provision wherein a candidate
                                                 may be entitled to ask for re-
                                                 evaluation of his answer-book.
                                                 There is a provision for scrutiny
                                                 only wherein the answer-books
                                                 are seen for the purpose of
                                                 checking whether all the answers
                                                 given by a candidate have been
                                                 examined and whether there has
                                                 been any mistake in the totaling
                                                 of marks of each question and
                                                 noting them correctly on the first
                                                 cover page of the answer-book.
                                                 There is no dispute that after
                                                 scrutiny no mistake was found in
                                                 the marks awarded to the
Patna High Court CWJC No.9850 of 2025(4) dt.17-02-2026
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                                                    appellant in the General Science
                                                    paper. In the absence of any
                                                    provision for re-evaluation of
                                                    answer books in the relevant
                                                    rules, no candidate in an
                                                    examination has got any right
                                                    whatsoever to claim or ask for
                                                    re-evaluation of his marks. This
                                                    question was examined in
                                                    considerable        detail      in
                                                    Maharashtra State Board of
                                                    Secondary        and       Higher
                                                    Secondary      Education      and
                                                    another v. Paritosh Bhupesh
                                                    Kurmarsheth and others, AIR
                                                    1984 SC 1543. In this case, the
                                                    relevant rules provided for
                                                    verification (scrutiny of marks)
                                                    on an application made to that
                                                    effect by a candidate. Some of
                                                    the students filed writ petitions
                                                    praying that they may be allowed
                                                    to inspect the answer-books and
                                                    the Board be directed to conduct
                                                    re-evaluation of such of the
                                                    answer-books as the petitioners
                                                    may demand after inspection.
                                                    The High Court held that the
                                                    rule providing for verification of
                                                    marks gave an implied power to
                                                    the examinees to demand a
                                                    disclosure and inspection and
                                                    also to seek re-evaluation of the
                                                    answer-books. The judgment of
                                                    the High Court was set aside and
                                                    it was held that in absence of a
                                                    specific provision conferring a
                                                    right upon an examinee to have
                                                    his answer-books re-evaluated,
                                                    no such direction can be issued.
                                                    There is no dispute that under
                                                    the relevant rule of the
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                                                    Commission there is no provision
                                                    entitling a candidate to have his
                                                    answer-books re-evaluated. In
                                                    such a situation, the prayer made
                                                    by the appellant in the writ
                                                    petition was wholly untenable
                                                    and the learned Single Judge had
                                                    clearly erred in having the
                                                    answer-book of the appellant re-
                                                    evaluated.
                                                    8. Adopting such a course as was
                                                    done by the learned Single Judge
                                                    will give rise to practical
                                                    problems. Many candidates may
                                                    like to take a chance and pray
                                                    for re-evaluation of their answer-
                                                    books. Naturally, the Court will
                                                    pass orders on different dates as
                                                    and when writ petitions are filed.
                                                    The Commission will have to
                                                    then send the copies of individual
                                                    candidates to examiners for re-
                                                    evaluation which is bound to
                                                    take time. The examination
                                                    conducted by the Commission
                                                    being a competitive examination,
                                                    the declaration of final result
                                                    will thus be unduly delayed and
                                                    the vacancies will remain
                                                    unfilled for a long time. What
                                                    will happen if a candidate
                                                    secures lesser marks in re-
                                                    evaluation? He may come
                                                    forward with a plea that the
                                                    marks as originally awarded to
                                                    him may be taken into
                                                    consideration. The absence of
                                                    clear rules on the subject may
                                                    throw many problems and in the
                                                    larger interest, they must be
                                                    avoided.
                                                    9. Even otherwise, the manner in
Patna High Court CWJC No.9850 of 2025(4) dt.17-02-2026
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                                                    which the learned Single Judge
                                                    had the answer-book of the
                                                    appellant in General Science
                                                    paper re-evaluated cannot be
                                                    justified. The answer-book was
                                                    not sent directly by the Court
                                                    either to the Registrar of the
                                                    Patna University or to the
                                                    Principal of the Science College.
                                                    A photocopy of the answer-book
                                                    was handed-over to the standing
                                                    counsel for the Patna University
                                                    who returned the same to the
                                                    Court after some time and a
                                                    statement was made to the effect
                                                    that the same had been examined
                                                    by two teachers of Patna Science
                                                    College. The names of the
                                                    teachers were not even disclosed
                                                    to the Court. The examination in
                                                    question is a competitive
                                                    examination        where        the
                                                    comparative merit of a candidate
                                                    has to be judged. It is, therefore,
                                                    absolutely necessary that a
                                                    uniform standard is applied in
                                                    examining the answer-books of
                                                    all the candidates. It is the
                                                    specific case of the Commission
                                                    that in order to achieve such an
                                                    objective, a centralized system of
                                                    evaluation of answer-books is
                                                    adopted      wherein      different
                                                    examiners examine the answer-
                                                    books on the basis of model
                                                    answers prepared by the Head
                                                    Examiner with the assistance of
                                                    other examiners. It was pleaded
                                                    in the Letters Patent Appeal
                                                    preferred by the Commission and
                                                    which fact has not been disputed
                                                    that the model answer was not
            Patna High Court CWJC No.9850 of 2025(4) dt.17-02-2026
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                                                                supplied to the two teachers of
                                                                the Patna Science College. There
                                                                can be a variation of standard in
                                                                awarding marks by different
                                                                examiners. The manner in which
                                                                the answer-books were got
                                                                evaluated, the marks awarded
                                                                therein cannot be treated as
                                                                sacrosanct & consequently the
                                                                direction issued by the ld. Single
                                                                Judge to the Commission to treat
                                                                the marks of the appellant in
                                                                General Science paper as 63
                                                                cannot be justified.”

                                  3. After perusing the said order, we are of the view

                      that the matter is identical and moreover the prayer is made for

                      re-evaluation of the answer sheets, which is not permissible in

                      view of the several pronouncements of this Court as well as the

                      Hon’ble Supreme Court.

                                  4. Accordingly, the writ petition stands dismissed.



                                                     (Sangam Kumar Sahoo, CJ)


                                                               (Harish Kumar, J)
guddukr/-

U


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