Prashant Kumar vs The State Of Bihar & Ors.

Heard Mr. Gaurav Prakash, learned Advocate for the petitioner, and Mr. Brajesh Verma, learned Advocate appearing on behalf of Bihar University of Health Sciences, whereas Mr. Ankit, learned Advocate for the State. Mr. Sameer Kumar Sinha, learned Advocate, also appears for Bhagwan Mahavir Institute of Medical Sciences.

This Court, on the last occasion, has taken notice of the fact that the petitioner, a student of MBBS Second Professional Course, has approached this Court for issuance of a writ in the nature of Mandamus directing the respondents to re-evaluate/recheck the petitioner's answer to Question No. 1(d) of Pathology-II, (2nd Professional MBBS Examination, 2025), and to award the correct marks in view of the fact the petitioner had correctly marked option no. (iii) Neuroblastoma, which as per the submission of the petitioner, correct in terms with the standard textbook of Pathology, directed the University and the Principal/Director of BMIMS to allow the petitioner to fill up the form and appear in the 3rd Professional MBBS Examination, 2026.

During the pendency of the writ petition, a counter affidavit has has been filed on behalf of respondent nos. 2, 3, 4, and 7 with the categorical averments that the the grievance of the petitioner regarding evaluation of Question no. 1(d) of Pathology paper was duly considered and referred to an independent expert committee comprising senior Professors from IGIMS and AIIMS, Patna, which examined the petitioner's answer script on 24.08.2026 and found option III, that's Neuroblastoma, to be correct answer. Accordingly, two marks were awarded to the petitioner and his marks were revised from 47 to 49. It has also been informed that in deference to the order of this Court, the petitioner was also permitted to fill up the examination form and appear in the 3rd Professional Part-1 Examination, 2026. The revised marks were directed to be incorporated in the University records/portal vide communication dated 26.08.2026.

In view of the aforesaid facts and the contentions with the averments made in counter affidavit referred herein above, this Court is of the opinion that there is no issue which requires any adjudication and now the grievance of the petitioner is redressed.

Accordingly, the present writ petition stands disposed off.

It is made clear that the college concerned shall make necessary correction in the marks of the petitioner and declare the result accordingly.