Khushboo Kumari @ Khusboo Kumari vs The State Of Bihar & Ors.

Heard Ms. Shubhangi Pandey, learned Advocate for the petitioner, and Dr. Anand Kumar, learned Advocate appearing for Aryabhatta Knowledge University (for short, ‘the University’).

The petitioner, a student of B.U.M.S. course pursuing her studies at Government TIBBI College and Hospital, Kadamkuan, Patna, has approached this Court seeking a direction upon the respondent-University and the College to permit her to appear in the 3^rd Year Main Professional Examination for the session 2021-2026, prior to holding of the 2^nd Supplementary Examination of the 2^nd Professional Examination and publication of the result thereof.

The petitioner has also sought an ad-interim ex parte direction upon the respondent-University, particularly the Vice-Chancellor and the Controller of Examinations, to immediately open the online examination portal, accept her examination form and requisite fees, and issue a provisional admit card, thereby permitting her to appear in the ongoing 3^rd Professional Bachelor of Unani Medicine and Surgery (B.U.M.S.)/BMS Main Examination, which is scheduled to commence from 03.10.2026.

Learned Advocate for the petitioner, referring to the facts stated in the writ petition, submitted that the 2^nd Year 1^st Supplementary Examination of the B.U.M.S. Examination, 2025, was conducted by the respondent-University w.e.f. 12.05.2026 and the result thereof was published on 20.08.2026, i.e., only about one and a half months prior to the commencement of the 3^rd Year Main Professional Examination.

Referring to the applicable Regulations, it is further submitted that a student required to appear in a supplementary examination is entitled to have such examination conducted within the prescribed academic and examination cycle.

It is submitted that, notwithstanding the aforesaid position, the 2^nd Supplementary Examination of the 2^nd Professional B.U.M.S. Examination, 2024 (S), has neither been conducted nor scheduled till date. According to the petitioner, the delay in holding the said supplementary examination has resulted in serious and immediate academic consequences for her.

Learned Advocate for the petitioner, referring to Clause 11(b)(i) and (ii) of the applicable Regulations of the National Commission for Indian System of Medicine (NCISM), as contained in the Gazette Notification dated 16.02.2022, submitted that the said provisions specifically prescribe the manner in which a student is to be dealt with in the 2^nd Professional Examination.

Clause 11(b)(i) provides that the 2^nd Professional Examination shall ordinarily be held and completed by the end of the 2^nd Professional session, whereas Clause 11(b)(ii) specifically provides that a student who has failed in one or two subjects of the 2^nd Professional Examination shall be allowed to keep the term of the 3rd (Final) Professional session.

It is submitted that the petitioner had failed in only two subjects in her 1^st Supplementary Examination and was required to clear the same in the subsequent examination. However, the 2^nd Supplementary Examination has neither been conducted nor scheduled, and no date has been fixed for holding the same. In the meantime, the 3^rd Professional Main Examination has been scheduled to commence from 03.10.2026. It is, therefore, submitted that if the petitioner is not permitted to appear in the 3^rd Professional Main Examination, she would suffer serious academic prejudice, apart from the likelihood of loss of an academic year, adversely affecting her professional progression and future career prospects.

Learned Advocate for the petitioner has also placed reliance upon a Bench decision of this Court in Ravi Ranjan & Ors. v. The State of Bihar & Ors., passed in C.W.J.C. No. 13193 of 2026, wherein, while considering the aforesaid Clause 11(b)(i) and (ii) of the Notification dated 16.02.2022, this Court had directed the respondent-University and the concerned Colleges to permit the students who had failed in one or two subjects of the 2^nd Professional Examination to participate in the next Professional Examination.

Per contra, Dr. Anand Kumar, learned Advocate appearing for the University, referring to Clause 10(c)(ii) of the Notification issued by the National Commission for Indian System of Medicine, submitted that, before appearing in the 3^rd (Final) Professional Examination, a candidate is required to have passed all the subjects of the 1^st and 2^nd Professional Examinations and to have qualified in nine electives.

It is submitted that, in the present case, the petitioner has not cleared all the subjects of the 1^st and 2^nd Professional Examinations and, therefore, according to the University, she is not entitled to appear in the 3^rd Professional Main Examination.

This Court has considered the submissions advanced by the learned Advocates appearing for the respective parties and has perused the materials available on record.

The Notification dated 16.02.2022, particularly Clause 11(b)(ii), specifically stipulates that a student who has failed in one or two subjects of the 2^nd Professional Examination shall be allowed to keep the term of the 3^rd (Final) Professional session.

Despite the aforesaid stipulation, the petitioner has not been permitted to appear in the 3^rd Professional Examination. An identical issue came up for consideration before this Court in C.W.J.C. No. 13193 of 2026, wherein this Court, taking note of the non-holding of the 2^nd Supplementary Examination within the prescribed time, was pleased to permit the concerned students to participate in the next Professional Examination.

Having regard to the aforesaid facts and circumstances, the provisions contained in Clause 11(b)(i) and (ii) of the Notification dated 16.02.2022, and the order passed by this Court in C.W.J.C. No. 13193 of 2026, this Court finds substance in the writ petition.

Accordingly, the respondent-University and the Principal, Government TIBBI College and Hospital, Kadamkuan, Patna, are directed to permit the petitioner to appear in the 3^rd Year Main Professional Examination of B.U.M.S. for the session 2021-2026, scheduled to commence from 03.10.2026, subject to completion of all requisite formalities.

It is made clear that the present order shall not come in the way of the respondent-University and the College in conducting the 2^nd Supplementary Examination for the unsuccessful students of the 2^nd Professional Examination within a reasonable period of time, in accordance with the applicable Regulations.

The concerned respondent(s) shall be at liberty to act upon the downloaded/printed copy of this order, which shall be made available on the official website of this Court, subject to verification of its authenticity.

The writ petition stands disposed off.