Satya Prakash And Ors vs State Of Bihar And Ors

Heard Mr. Abhinav Srivastav, learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State as well as Mr.

Satyabir Bharti, learned counsel appearing on behalf of the respondent-Bihar School Examination Board.

The matter was heard at length on different dates. On the submission of Mr. Abhinav Srivastav, learned counsel appearing on behalf of the petitioner

that the questions were out of the syllabus in the subject of Mathematics, this Court directed the respondent-Board to provide copy of the question

booklet so that the petitioners may file their objections. The Board provided the copy of the question booklet and the petitioners thereafter submitted

their objections.

The matter was examined by the Expert Committee. During scrutiny it transpired that the standard of the questions in the Secondary Teachers

Eligibility Test, 2019 held on three dates, namely, 10.09.2020, 11.09.2020 and 14.09.2020 was not the same standard. In the examination held on

14.09.2020, questions were below the graduation level but in the examination held on 10.09.2020 and 11.09.2020, the standard of questions was not

only above the intermediate level but almost all the questions were of competitive level and even of graduation and post-graduation level. Realizing the

fact that the questions were above intermediate level, the respondents have decided to discard those questions detailed in paragraph 7 of the counter

affidavit which are quoted hereinbelow:-

“7. That the expert committee through its report dated 10.11.2020 after having considered the objections raised, had opined that in the

re-examination of STET 2019 of Mathematics subject held on 10.09.2020 question no. 56, 59, 60, 61 and 74 were of +2 curriculum but

were of IIT entrance examination standard. And question no. 66, 96 and 100 were of graduation (Honors) and post graduate standard.

Similarly in connection with re-examination of STET of Mathematics subject held on 11.09.2020 question no. 51, 52, 53, 54, 55, 56 and 63

were of +2 curriculum but were of IIT entrance examination standard. And question no. 76, 79, 85 and 99 were of graduation (Honors)

and post graduate standard.

And in connection with the re-examination of STET of Mathematics subject held on 14.09.2020 the expert committee had opined that the

questions asked therein were below the graduation standard.â€​

The Court finds substance that in the competitive examination there should be one and the same standard in the examinations when examinations are

held on different dates so that one may not adversely face consequence of different standard of questions set out for the same competitive

examination. Those, who appeared in the examination held on 14.09.2020, have the advantage in the competitive examination as questions were of

almost matriculation level but in absence of the pleading to the effect that those who appeared on 14.09.2020 are favourite people, the Court is not

inclined to interfere with the result of the examination.

However, the Board is required to formulate a policy so that in the competitive examinations held on different dates, standard should be one and the

same so that a candidate may not suffer prejudice on account of different standard of questions framed and asked on different dates of examination.

The Board should evolve mechanism of internal moderation so that in future there may not be repetition of such situation like the instant one where on

different dates, questions were of even graduation or post-graduation and almost all the questions were of competitive level of intermediate whereas in

other examination held on 14.09.2020, the standard of the examination was quite below in comparison to those who appeared at the examinations held

on 10.09.20 and 11.09.2020.

Though the writ petition failed but this writ petition is eye-opener for the Bihar School Examination Board. The Court hope and trust that henceforth

while holding examinations on different dates, the Board will adhere to the mechanism of moderation so that no person shall suffer prejudice on

account of different standard of questions set out for examination held on different dates for the same examination. The Board shall religiously follow

this guideline in all its future examinations.

With the aforesaid, the writ application stands disposed of.