SATYA PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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, 10/9/2020, 11/9/2020 and 14/9/2020 was not the same standard. In the examination held on 14/9/2020, questions were below the graduation level but in the examination held on 10/9/2020 and 11/9/2020, 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 herein below:-