Authority: High Court of Judicature at Patna

Order Date: 25.09.2026

Case Overview

  • Petitioner: Bashishth Kumar, son of Ram Ekwal Prasad, Panchayat Teacher (in‑service) posted at Government Primary School, Tisariya‑Ke‑Dera, Village Niyazipur Khurd, PS Simri, District Buxar.
  • Respondents: 1) Union of India (through Director, National Institute of Open Schooling), 2) Regional Director, NIOS, 3) State of Bihar (through Principal Secretary, Department of Human Resources), 4) District Education Officer, Buxar, 5) Block Education Officer, Simri.
  • Nature of Proceeding: Civil writ petition (Case No.8921 of 2022) seeking mandamus for publication/correction of the petitioner’s D.El.Ed. result (Session 2017‑2019) and consequential reliefs concerning salary stoppage and removal proceedings.
  • Background: Petitioner appointed as untrained Panchayat Teacher on 11.08.2013 (joined 20.08.2013). Enrolled in NIOS two‑year Diploma in Elementary Education (D.El.Ed.) for Session 2017‑2019; completed training and examinations. Result published on 07.01.2020 showed “0000” for TMA Nos. 506‑509 and WBA/PT Nos. 513‑514, marked as SYCY (Subject Yet to be Cleared Internal).
  • Representations: Letter from Study Centre Coordinator (14.06.2019) to Regional Director, NIOS requesting correction; petitioner’s representations dated 02.02.2021 and 20.07.2021; further communication dated 23.08.2025 from Study Centre Coordinator reiterating request.
  • Additional Grievances: Salary paid till Jan 2023, stopped from Feb 2023 by Block Education Officer without show‑cause notice; removal proceedings initiated via Letter No. 719 dated 19.11.2024 on ground of “not having passed the NIOS examination”. Petitioner produced communication dated 19.12.2024 stating he had passed all papers and the “0000” entries were due to a mechanical defect.
  • State’s Position: Acknowledged correction lies within NIOS’s domain; had itself sent Letter No. 544 dated 12.09.2024 to NIOS requesting correction.
  • NIOS Position: Asserted that marks were uploaded online by the Study Centre Coordinator, verified and processed; disputed offline handwritten records; claimed petitioner had not cleared theory examination but was offered a supplementary exam.
  • Legal Precedents Cited: Sanjay Kumar Yadav & Ors. v. State of Bihar (2020), Jaiveer Singh & Ors. v. State of Uttarakhand (2023), Kousik Das & Ors. v. State of West Bengal (2025), Md. Ataur Rahman & Ors. v. Union of India (2019), Khushbu Kumari v. Union of India (2025), and Full Bench decision in Bibi Sakina Khatoon & Ors. v. Union of India (2024).

Final Outcome

  • (a) The Regional Director, NIOS, Patna, must, within eight weeks of receipt of the certified copy of this order, conduct a fresh enquiry/verification of the petitioner’s marks for TMA Nos. 506‑509 and WBA/PT Nos. 513‑514, considering the letter dated 14.06.2019, the counter‑affidavit of 21.10.2024, the communication dated 19.12.2024, and all relevant academic records. Upon completion, a reasoned speaking order must be passed, the result revised/published, and a correct Training Certificate issued as warranted.
  • (b) The contents of Letter No. 719 dated 19.11.2024, insofar as they relate to the petitioner, are held in abeyance; no final removal order shall be passed solely on the disputed NIOS result.
  • (c) The respondents shall not withhold the petitioner’s current salary on account of the disputed result during the verification period. The petitioner’s claim for arrears of salary effective from 01.02.2023 shall be considered by the competent authority in accordance with service rules and the verification outcome.
  • (d) If verification reveals that the petitioner did not appear in or complete the disputed components, the competent authority may pass an appropriate reasoned order after granting the petitioner an opportunity of hearing, and proceed as per law.
  • (e) The observations are confined to adjudication of this writ petition and do not constitute a final determination of the petitioner’s academic status, except as specifically directed.
  • The respondents must comply with the above directions within three months from the date of production of a certified copy of the judgment.
  • The writ petition and any pending interlocutory applications are disposed of; no order as to costs.

Topics: NIOS Result Correction, Teacher Service Continuity