Madhu Kumari vs The State Of Bihar
2026 Latest Caselaw 174 Patna

Patna High Court

Madhu Kumari vs The State Of Bihar on 22 January, 2026

Author: Harish Kumar

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.16059 of 2025
     ======================================================
     Madhu Kumari, Wife of Bittu Kumar @ Bittu Singh, Resident of Village-
     Bishanpur, Jagan Singh Tola, P.s.- Sour Bazar, District- Saharsa.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Education Department,
     Government of Bihar, Patna.
2.   The Principal Secretary, Education Department, Government of Bihar,
     Patna.
3.   The Director, Primary Eduation Department, Government of Bihar, Patna.
4.   The Regional Director, National Institute of Open Schooling, Regional
     Centre, Bihar, Patna.
5.   The District Education Officer, Araria, Dist- Araria.
6.   The Joint Director, National Institute of Open Schooling, Plot No. A-24/25
     Institutional Area, Sector- 60, Noida, District- Gautam Budh Nagar, Uttar
     Pradesh- 201309.
7.   The Principal/Co-ordinator NIOS-D-EI.Ed, Centre Code- 471011016, Sonay
     Anup High School, Bhan, Tekthi, Dist- Madhepura.
8.   The Union of India through the Chairman of National Institute of Open
     Schooling, Plot No. A-24/25 Institutional Area, Sector- 60, Noida, District-
     Gautam Budh Nagar, Uttar Pradesh- 201309.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Sharda Nand Mishra, Advocate
                                    Ms. Isha Mishra, Advocate
     For the State          :       Mr. Binod Kumar Yadav, SC- 18
     For the UOI            :       Mr. Manoj Kumar Singh, CGC
                                    Mr. Sanjay Kumar Singh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 22-01-2026

                       Heard the parties.

                       2. The petitioner has approached this Court seeking

      a direction upon the respondents, especially respondent no.4 to

      consider her application dated 26.11.2022, which was forwarded

      to the respondent National Institute of Open Schooling, Noida
 Patna High Court CWJC No.16059 of 2025 dt.22-01-2026
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         for due correction of marks, which had wrongly been mentioned

         in the subject Code 509, in place of subject code 510 (Learning

         Science at Upper Primary Level).

                        3. Learned Advocate for the petitioner submitted

         that despite the fact that the petitioner had participated in the

         examination under Subject Code 510, she has been wrongly

         shown as absent in Learning Science at Upper Primary Level.

         The mistake has occurred on account of the fact that the Study

         Centre has inadvertently awarded the marks against Code No.

         509 by leaving the Code 510, through which the petitioner was

         appearing. It is further submitted that for correction of the

         marks, the petitioner has also approached before the District

         Education Officer, Madhepura, who vide Letter No. 45, dated

         28.11.2022

also requested the Joint Director, National Institute

of Open Schooling, Noida for the needful, but the same has not

been done.

4. Learned Advocate for the respondent National

Institute of Open Schooling submitted that the petitioner had

appeared in the Diploma in Elementary examination in the

month of March, 2019 itself and now she has approached this

Court after a delay of six years and, as such, Institute is facing

difficulty in making any correction. Moreover, all the study Patna High Court CWJC No.16059 of 2025 dt.22-01-2026

centres have been closed.

5. Having considered the limited grievance of the

petitioner and taking note of the fact that the District Education

Officer vide his Letter No. 451, dated 28.11.2022 had already

forwarded the letter of the petitioner for necessary correction

and the needful, but till date no action has been taken, this Court

directs the respondent no.4 (Regional Director, National

Institute of Schooling, Regional Centre, Bihar, Patna) to

consider the representation of the petitioner, as contained in

Annexure-P/3 read with Annexure-P/4, preferably within a

period of eight weeks from the date of receipt/production of a

copy of this order and take appropriate action.

6. Suffice it to observe that if the claim of the

petitioner finds correct, necessary correction be made in the

marks certificate of the petitioner.

7. The writ petition stands disposed of.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          27.01.2026
Transmission Date       NA