IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1077 of 2025 In Civil Writ Jurisdiction Case No.15732 of 2022 ======================================================

The Bihar School Examination Board (Senior Secondary Section) through its Secretary, Bihar School Examination Board Building, Budh Marg, Patna. ... ... Appellant Versus

1. Rebecca Bardhan D/o Shyamal Kumar Bardhan Resident of 28 Charu Chandra Sinha Lane, Ram Krishnapur, P.S.- Shivpur Howrah, West Bengal.

2. The State of Bihar, through the Additional Chief Secretary Cum Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna.

3. The Director Higher Secondary Education, Govt. of Bihar, New Secretariat, Patna.

4. The Delhi Medical Council, through its Registrar Ground Floor, B Wing, D Block- 1, DMCR, IT Park, Shastri Park, New Delhi- 110053.

... ... Respondents ======================================================

Appearance :

For the Appellant/s : Mr. Nivedita Chaudhary, Advocate For the Respondent/s : Mr.

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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)

3 11-03-2026 The Letters Patent Appeal has been filed by the Bihar School Examination Board challenging the order passed by the learned Single Judge dated 22.09.2025 passed in CWJC No. 15732 of 2022.

2. The writ petition was filed by one Rebecca Bardhan seeking for following relief(s):- "A. A Writ in the nature of Mandamus or any other appropriate Writ, Order/s, Direction/s commanding the Respondent No. 3 to correct its internal records regarding the marks obtained by the Petitioner in the Intermediate Examination held in the year 2001 by the then Bihar Intermediate Education Council (now Bihar School Examination Board (Senior Secondary) after merger in the year 2007) having Registration Number- 35648/1999, Roll Number -10048, Roll Code-1168 appeared at SRP College Balkishunganj, Patna examination centre and further to report to the Respondent No. 4, the corrected marks as according to the marks-sheet supplied to her.

B. For any other relief/s to which the petitioner is found entitled too."

3. The counter-affidavit has been filed by Respondent No. 3 to the writ petition i.e., Bihar School Examination Board (Appellant) wherein following stand has been taken:-

“8. That thus from the narration of facts stated hereinabove, particularly in view of the records, i.e., the RTR in which the petitioner had been shown to have absented in Intermediate Examination 2001, the petitioner is entitled to no relief in the present case.”

4. The petitioner filed rejoinder-affidavit to such counter-affidavit wherein it is stated as follows:-

“9. That it is worth relevant to state it here that the original certificate supplied to each and every succeeded candidate after proper verification of the entire records and in the case of the petitioner the same has been issued by the then secretary namely Shri Niwash Chandra Tiwari (Annxeure- 3 page 23 of the writ petition) signed on dated 01.08.2006 after about 5 years of passing of the Intermediate Examination.

10. That on the cost of repetition, petitioner reiterates that the original certificate has been issued to the petitioner after proper verification of the wilts the Board entire records satisfied with the available records with the Board otherwise the same wouldn't have been issued in favour of the petitioner.

11. That in the entire counter affidavit the Board has not disputed about genuineness of the certificates issued in favour of the petitioner and only shown inability in verification of records due to closure of Milu Singh College, Ashok raj Path, Patna where-from the petitioner has appeared in the Intermediate Examination and only this reason the career of the petitioner can not be thrown in a black hole specially in the case of petitioner who is willing the serve humility as a doctor and due to fault of the Board petitio