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2026 Supreme(Pat) 274

IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY, J.
Sasmita Singh W/o Rajesh Kumar Singh – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No. 2109 of 2022
Decided On : 24-04-2026

Advocates Appeared:
For the Appellants : Wasi Mohammad, Fardeen Abbas
For the Respondents: Subhash Chandra Mishra, Siddhartha Prasad

Headnote:

School Laws – Certificate – Original certificate of Intermediate Examination not issued even after lapse of almost 31 years, on the ground that college in question had not been recognized at any stage – Writ application disposed of with direction to respondent-Bihar School Examination Board to issue original certificate to petitioner with respect to Intermediate Examination on the basis of marksheet and provisional certificate brought on record – Issuance of Intermediate Certificate shall be provisional subject to result of CBI enquiry and/or any other enquiry. (Paras 12 and 13)

ORDER :

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following relief(s):-

“i. For issuance of writ in nature of mandamus or any other writ commanding the respondents to issue the original certificate of intermediate examination in favour of the petitioner who has passed the examination of intermediate in the session of 1993-95 from Veer Kunwar Singh College, Patna.

ii. For issuance of writ in nature of mandamus or any other writ commanding the respondent no. 4 i.e. District Education Officer, Patna to upload the relevant data on the web-portal of Bihar Intermediate Education Council (B.I.E.C), Patna with respect to the passing of intermediate examination of intermediate by the petitioner in session 1993-95, from Veer Kunwar Singh College, Patna.

iii. For issuance of writ in nature of mandamus or any other writ thereby commanding the respondent authorities to verify the certificate forwarded to them by the employer of the petitioner for the same.

iv. For issuance of writ in nature of mandamus, commanding the respondents to alternatively take suitable and required steps to ensure that the service career/job of the petitioner who is working as T.G.T (Arts) under State Government of Jharkhand and presently posted as T.G.T. (Arts) at R.M.S New Bhagalpur School, Phusro, Bermo, Bokaro is not jeopardized.

v. For issuance of any other appropriate writ, order or direction which your Lordships may deem fir and proper in the facts and circumstances of the case.”

3. The case of the petitioner in brief is that having passed her intermediate examination from the Veer Kunwar Singh College, Patna in the year 1995 and having secured first division in the intermediate examination, she was provided with a marksheet and the provisional certificate for the same. However, the original certificate has not been issued inspite of a lapse of almost 31 years.

4. It is submitted by learned counsel for the petitioner that the petitioner joined as a teacher in DAV Public School in Bokaro in the State of Jharkhand on 15.6.2002. Thereafter, she joined as Trained Graduate Teacher (Arts) under the State Government of Jharkhand and is presently working at R.M.S. New Bhagalpur School, Phusro, Bermo, Bokaro.

5. In absence of having submitted her original certificate with respect of her intermediate examination, the payment of salary to her was stopped, which it is submitted by learned counsel for the petitioner was started during pendency of the instant application.

6. It is submitted by learned counsel for the petitioner that the Board be directed to issue the original certificate for intermediate examination of the petitioner.

7. Learned counsel appearing for the Bihar School Examination Board submits that so far as the institution in question i.e., Veer Kunwar Singh College, Patna from which the petitioner claims to have passed the intermediate examination is concerned, it was never a duly recognized institution. Referring the judgment dated 24.1.1996 passed in CWJC No. 10953 of 1995 (Veer Kunwar Singh College and Ors. vs. The State of Bihar & Ors.), learned counsel submits that this Court held therein that the Council had only declared the college as a proposed college meaning thereby that permission was granted to the applicant to establish the college. This did not amount to grant of recognition. This Court proceeded to hold that the college was never recognized by the Council (Bihar Intermediate Education Council) as an intermediate college and therefore the question of withdrawing such recognition never arose.

8. Learned counsel further refers to the order dated 11.9.2025 passed in CWJC no. 10274 of 2025 to submit that a similar matter has been disposed of directing the petitioner therein for filing a representation before the Secretary, Bihar School Examination Board, who has to decide the representation in accordance with law.

9. Having heard learned counsel for the parties and having perused the contents of th

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