Authority: High Court of Judicature at Patna

Order Date: 01-10-2026

Case Overview

  • Petitioner: Khushboo Kumari (also spelled Khusboo Kumari), daughter of Bhagwat Azad, resident of Village Bhorabari, Katihar district.
  • Respondents:

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

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

3. Aryabhatta Knowledge University (via its Vice‑Chancellor), Patna.

4. Registrar, Aryabhatta Knowledge University, Patna.

5. Examination Controller, Aryabhatta Knowledge University, Patna.

6. Principal, Government TIBBI College and Hospital, Kadamkuan, Patna.

  • Legal Representation:
  • For petitioner: Ms. Shubhangi Pandey, Advocate.
  • For respondents (State of Bihar): Government Advocate (16).
  • For University: Dr. Anand Kumar, Advocate and Ms. Vijeta Kumari, Advocate.
  • Nature of Petition: The petitioner, a B.U.M.S. (Bachelor of Unani Medicine and Surgery) student at Government TIBBI College, sought an ex‑parte direction to be allowed to appear in the 3rd Year Main Professional Examination (session 2021‑2026) scheduled to commence on 03.10.2026, despite the pending 2nd Supplementary Examination of the 2nd Professional Examination.
  • Background Facts:
  • The 2nd Year 1st Supplementary Examination for B.U.M.S. 2025 was held on 12.05.2026 and its result published on 20.08.2026, only about one and a half months before the 3rd Year Main Examination.
  • The 2nd Supplementary Examination of the 2nd Professional B.U.M.S. (2024) has not been conducted nor scheduled, causing academic prejudice to the petitioner.
  • The petitioner failed in two subjects in the 1st Supplementary Examination and was required to clear them in the subsequent exam.
  • Regulatory Framework Cited:
  • NCISM (National Commission for Indian System of Medicine) Gazette Notification dated 16.02.2022, Clause 11(b)(i) and 11(b)(ii).
  • Clause 11(b)(i): The 2nd Professional Examination shall ordinarily be held and completed by the end of the 2nd Professional session.
  • Clause 11(b)(ii): A student who has failed in one or two subjects of the 2nd Professional Examination shall be allowed to keep the term of the 3rd (Final) Professional session.
  • Clause 10(c)(ii) of the same Notification, cited by the University, requires a candidate to have passed all subjects of the 1st and 2nd Professional Examinations and qualified in nine electives before appearing in the 3rd Professional Examination.
  • Precedent Cited: The Court referred to its own earlier decision in Ravi Ranjan & Ors. v. The State of Bihar & Ors., C.W.J.C. No. 13193 of 2026, which directed universities to permit students who had failed in one or two subjects of the 2nd Professional Examination to sit for the next Professional Examination.

Final Outcome

  • The Court finds merit in the writ petition and, relying on Clause 11(b)(ii) of the NCISM Notification and the precedent (C.W.J.C. No. 13193 of 2026), directs the respondent University and the Principal of Government TIBBI College to permit the petitioner to appear in the 3rd Year Main Professional Examination of B.U.M.S. for the session 2021‑2026, scheduled to commence on 03.10.2026, subject to completion of all requisite formalities.
  • The order expressly states that it shall not obstruct the University and the College from conducting the overdue 2nd Supplementary Examination for other unsuccessful students within a reasonable period as per applicable regulations.
  • The respondents may download/print the order from the Court’s official website after verification of authenticity.
  • The writ petition is disposed off.

Topics: Legal Remedy; Medical Education Regulation