Alok Prakhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11603 of 2024 ====================================================== Alok Prakhar Son of Pranav Kumar Singh, Resident of Morya Nagar Colony, Salehpur, P.O.- Mirjanhat, P.S.- Mirjanhat, District- Bhagalpur, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Department of Higher Secondary Education, Government of Bihar, Patna.
3.
The Chairperson, Bihar School Examination Board, Patna. 4.
The Secretary, Bihar School Examination Board, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Singh, Adv For the State :
Mr. Sunil Kumar Mandal, Standing Counsel 3 For BSEB :
Mr. Girijish Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner, learned counsel for the respondent-BSEB and learned counsel for the respondent-State.
2. With the consent of both the parties, this writ application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has prayed for the grant of following reliefs:
(i) For issuing the Writ of Mandamus and such other writ in the nature of mandamus directing the Respondent authorities to immediately make arrangements for re evaluation of the answer sheet of Mathematics, Physics and
2/4 Chemistry paper of the petitioner who appeared in Intermediate Annual Examination-2024 conducted by Bihar School Examination Board having Roll No.
24010042 and roll Code 72040.
(ii) For commanding and directions be given to Respondent authorities to immediately investigate the matter how this kind of mal practice was done during evaluating the answer sheet of Mathematics, Physics and Chemistry paper and after such inquiry further correction be done in the marks of Mathematics, Physics and Chemistry paper of the petitioner who appeared in Intermediate Annual Examination-2024 conducted by Bihar School Examination Board.
(iii) For issuing a writ of mandamus or any other appropriate writ inter alia directing the Respondent no. 03 & 04 not to harass the Petitioner and formalities necessary to ensure re evaluation may be completed within 2 weeks from the date of disposal of the present petition.
(iv) For Issuing further direction to Respondent No. 03 & 04 to compensate the damages caused due to the mal practice during evaluating the answer sheet of the petitioner and putting the career and future of the petitioner in jeopardise to the tune of
3/4 Rs. 10,000,00 along with litigation cost.
(v) And also for any other relief or reliefs for which the petitioner is found entitled in the eye of law.
4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid relief, the petitioner is prepared to file a detailed representation before the Secretary, Bihar School Examination Board, Patna (respondent no. 4) and further prays that if such a representation is filed then an appropriate direction be issued to the Secretary, Bihar School Examination Board, Patna (respondent no. 4) to dispose of the representation filed by the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent-State as well as learned counsel for the respondentBSEB do not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the Secretary, Bihar School Examination Board, Patna (respondent no. 4) within one month from today
4/4 and if such a representation is filed within the stipulated time then the Secretary, Bihar School Examination Board, Patna (respondent no. 4) is directed to dispose of the same within a period of six months from the date of filing of the representation, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Secretary, Bihar School Examination Board, Patna (respondent no. 4) should be a reasoned and speaking order. It is made clear that in case, the petitioner is found entitled to the relief which the petitioner would be claiming through the representation, the same should be extended to the petitioner within a further period of two months from the date of passing of the final order.
7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U