Authority: High Court of Judicature at Patna

Order Date: 28-08-2026

Case Overview

  • Petitioner: Baby Kumari, daughter of Madan Mohan Giri, resident of Basauri Masaurhi (Tarachak), P.S. Khagual, District‑Patna.
  • Respondents:

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. Aryabhatta Knowledge University, represented by its Vice‑Chancellor, Patna.

4. The Registrar, Aryabhatta Knowledge University, Patna.

5. The Examination Controller, Aryabhatta Knowledge University, Patna.

6. The Principal, Government Ayurvedic College and Hospital, Kadamkuan, Patna.

7. The Principal, Government Ayodhya Shiv Kumari Ayurveda College and Hospital, Suhirdnagar, Begusarai.

  • Nature of Proceedings: Writ petition (CWJC No. 13193 of 2026) seeking a stay of Notification No. 4082 dated 15.07.2026 issued by the Controller of Examination, AKU, and directing the university to conduct the 2nd Supplementary Examination for the 2nd‑year B.A.M.S. course and to grant an interim stay for the Professional Examination of the 3rd‑year B.A.M.S. for sessions 2011‑2026.
  • Legal/Regulatory Framework: National Commission for Indian System of Medicine Act, 2020; Notification dated 16.02.2022; specifically Clause 11(b)(ii) which mandates two supplementary examinations between the mains professional examination and the declaration of the result of the 2nd supplementary examination of the second year.
  • Earlier Court Directions: The Court had directed the Examination Controller of AKU and the principals of the two colleges to allow students who failed one or two subjects of the 2nd Professional Examination to appear in the ongoing 3rd Professional Examination. It also ordered a special examination for the Kaya Chikitsa Paper 1 (scheduled 25‑08‑2026) to be conducted after the 3rd Professional Examination and mandated that the 2nd Supplementary Examination be conducted within a reasonable period.
  • Grounds for Modification: Petitioner No. 3 and similarly situated students failed in four subjects and were denied participation in the 3rd‑year exam because the 2nd Supplementary Examination had not been held. The petitioner argued that Clause 11(b)(iii) of the 16.02.2022 Notification could not be applied as the required 2nd Supplementary Examination was pending, depriving them of the opportunity to clear the papers.
  • University’s Position: The respondents admitted that the 2nd Supplementary Examination had not been conducted to date but contended that the university was following its own examination rules.

Final Outcome

  • The Court found that the failure of Aryabhatta Knowledge University and the concerned colleges to conduct the 2nd Supplementary Examination within the reasonable and scheduled time could not be borne by the students.
  • The order dated 25.08.2026 was modified: Aryabhatta Knowledge University and the two colleges are directed to allow the petitioner and all identically situated students to participate in the 3rd‑Year Final Professional Examination. The results of this examination shall be subject to the clearance of the unsuccessful papers in the pending 2nd Supplementary Examination.
  • The university is further instructed to conduct the 2nd Supplementary Examination within a reasonable period and to communicate this modified order to the concerned respondents immediately.

Topics: Court Order; BAMS Examination Regulation; University Examination Conduct