In a significant ruling that aims to protect a student’s academic future, the Patna High Court on 24 December 2025 directed the National Institute of Open Schooling (NIOS), Patna, to correct a marksheet error that wrongly marked a candidate “absent” in one subject. The court held that the student cannot be forced to suffer for a mistake committed by the study centre.
Background of the Case
The petitioner, Khushbu Kumari, enrolled for the Diploma in Elementary Education (2017-2019) and appeared for all required exams between 10 January 2020 and 18 January 2020. However, when her results were released, she was incorrectly shown as absent in Subject Code 510 – Learning Science at Upper Primary Level.
The study centre later admitted that her practical marks were accidentally uploaded under the wrong subject code (509 instead of 510), leading to the discrepancy. Despite letters and requests for correction, no action was taken, prompting her to approach the court.
Arguments Before the Court
Her counsel argued that she had cleared all requirements and the error was purely clerical, not related to her performance. Therefore, blocking her result would destroy her ability to seek teaching employment.
The advocate submitted, “For a mistake of the authorities, the petitioner cannot be made to lose her career.”
NIOS, however, contended that all evaluations ended by 31 March 2019, and no extension was given. They also argued that no formal request for correction reached the authorities before result publication.
Court Observation
Justice Harish Kumar noted that the facts were clear and undisputed the mistake originated at the study centre, not from the student. The court observed that the coordinator had verified the mark chart and even forwarded a correction request on 9 June 2020, confirming official acknowledgment of the error.
The bench stated, “A person cannot be made to suffer on account of the lapse of the respondent. The career of the petitioner is at stake.”
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The court clarified that earlier case law cited by NIOS did not apply because this dispute was about correction of records, not eligibility for teaching posts.
Final Decision
The High Court allowed the writ petition and ordered NIOS to:
- Correct the marksheet and certificate after verification
- Complete the correction within six weeks
- Treat any delay as defiance of court orders
The petition was disposed of with these directions, ending the matter at that stage.
Case Title: Khushbu Kumari vs. The Union of India & Others
Case Number: Civil Writ Jurisdiction No. 2286 of 2023
Date of Judgment: 24 December 2025
Petitioner’s Advocate: Mr. Arun Kumar
Respondents’ Advocates:
- Mr. Ram Tujabh Singh, CGC
- Mr. Radhika Raman Singh, Sr. CGC
- Mr. Bimal Kumar (for Respondent No. 5)
