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Patna High Court
Khushbu Kumari vs The Union Of India on 24 December, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2286 of 2023
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Khushbu Kumari Daughter of Ranjeet Kumar, Resident of Village- Anjunar,
Post Office- Dhanar, Police Station- Kauakole, District- Nawadah, State-
Bihar, PIN- 805101.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Department of Human Resource,
Government of India, New Delhi.
2. National Institute of Open Schooling (NIOS) the Director having its office at
A- 24/25, Sector- 62 NOIDA (U.P.), PIN- 231189.
3. The Joint Director, NIOS having its office at NOIDDA(U.P.).
4. The Regional Director, NIOS, Patna having its office at Lalit Bhawan,
Bailey Road, Patna.
5. The Coordinator, NIOS Study Centre, Urdu Girls School, Nawadah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Adv.
For the Respondent/s : Mr. Ram Tujabh Singh, CGC
Mr. Radhika Raman Singh, Sr. CGC
For Resp. No. 5 : Mr. Bimal Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 24-12-2025
Heard the parties.
2. The petitioner who was duly enrolled under
National Institute of Open Schooling (in short 'NIOS') for
Diploma in Elementary Education Course during session 2017-
2019 has invoked the jurisdiction of this Court seeking issuance
of a writ in the nature of mandamus directing the concerned
authorities of NIOS to publish the result of the petitioner for the
course of Diploma in Elementary Education Training.
3. Learned Advocate for the petitioner submitted that
Patna High Court CWJC No.2286 of 2023 dt.24-12-2025
2/5
after successfully completing the training at Study Center, the
petitioner had duly appeared in Diploma in Elementary
Education Examination in all the subjects held between
10.01.2020
to 18.01.2020. The result of the examination was
published, however, to the utter dismay and surprise, the
petitioner was shown absent in subject code 510 (Leaving
Science at Upper Primary Level). The petitioner immediately
rushed to the respondent Coordinator of the NIOS Center, who
verified from the records and found some mistake occurred in
complying marks and mentioning the same against subject code
509 in place of subject code 510 and thus, the Coordinator of
the NIOS Study Center has forwarded the claim to the office of
the NIOS for making necessary correction. Despite the
correspondences and efforts taken by the petitioner, the
rectification could not be done.
4. It is the specific contention of the learned Advocate
for the petitioner that there had never been any fault on the part
of the petitioner and, as such, for the fault of the Study Center
the petitioner could not be allowed to suffer. Non-rectification
of the mistake will cause irreparable loss and ruin her career in
future; hence the present writ petition.
5. A counter affidavit has been filed on behalf of
Patna High Court CWJC No.2286 of 2023 dt.24-12-2025
respondent nos. 2 to 4. It is specifically contended that all
activities related to TMA, SBA, WBA and Practical and PCP in
Diploma in Elementary Education courses were successfully
completed by 31st of March, 2019 and no extension period for
conducting any activity was given to the Study Center. So far
the petitioner is concerned, her candidature was duly verified by
the Study Center Coordinator and in the subject 510 she has
been marked as absent on the basis of said remark, the result
was declared. If there was any mistake in uploading the marks
submitted by the Study Center, Coordinator had not presented
any application/request to the State Nodal Officer, before the
declaration of the result. It is further contended that the State
Nodal Officer, who was appointed by the State, also did not
inform the NIOS for any mistake as raised by the petitioner.
Reliance has also been placed on a decision rendered by this
Court in the case of Md. Ataur Rahman & Ors. vs. The Union
of India & Ors., C.W.J.C. No. 16214 of 2019 which came to be
disposed off on 19.10.2022 wherein the Court stated that "the
persons who have not acquired their training as on 31.03.2019
are held to be ineligible to hold the post of teacher after
31.03.2019 in the Primary Schools".
6. Learned Advocate for the State reiterated the
Patna High Court CWJC No.2286 of 2023 dt.24-12-2025
submissions as canvassed by the learned Advocate for the
NIOS.
7. Having considered the submissions and taking note
of the materials available on record, it is evident that the facts
are not in dispute that on account of mistake committed at the
hands of the Study Center, the practical marks in subject code
510 has been inadvertently mentioned against subject code 509
and unfortunately, the petitioner despite who appeared in the
examination, has been shown to be absent against the subject
code 510. The Coordinator of NIOS Study Center verified the
mark chart of practical examination given to each candidates
and admitted the mistake and forwarded the application of the
petitioner, with a request to make the necessary correction on
09.06.2020. The said letter has been forwarded in the name of
respondent no. 4, the Director, NIOS, Patna for necessary
correction and publication of result.
8. Suffice it to observe that a person cannot be made
to suffer on account of the lapse of the respondent, moreover, it
is a case where the academic career of the petitioner is at stake.
If the necessary correction would not be done, she has to suffer
on all the corner of her life. So far the decision over reliance has
been placed by the learned Advocate for the NIOS, this Court
Patna High Court CWJC No.2286 of 2023 dt.24-12-2025
does not find that it governs the issue which only relates to
rectification of the mistake in the marksheet and the certificate
and not with regard to eligibility to hold the post of teacher.
9. In view thereof, this Court finds substance in the
writ petition, accordingly directs the respondent no. 4 to make
necessary correction in the marksheet/certificate of the
petitioner after proper verification, preferably within a period of
six weeks' from the date of receipt/production of a copy of this
order. Any delay in making correction shall be treated as
defiance of the order of this Court.
10. The writ petition stands disposed off.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.12.2025
Transmission Date NA
