Facts
The petitioner was pursuing a B.U.M.S. course at Government TIBBI College and Hospital, Patna. Having failed in two subjects in the first supplementary examination of the Second Professional course, she awaited a second supplementary examination, which had not been held or scheduled.
Source reference: pp. 2–4, paras. 2–9Meanwhile, the Third Professional Main Examination was due to commence on 3 October 2026. She sought permission to appear in that examination before the second supplementary examination was held and its result published.
Source reference: pp. 2–4, paras. 2–9The University opposed the request, contending that she had not passed all subjects of the First and Second Professional examinations, as required by Clause 10(c)(ii) of the applicable notification.
Source reference: p. 5, paras. 11–12Issues
1. Whether the petitioner, who had failed in two subjects of the Second Professional Examination and was awaiting a second supplementary examination, could be permitted to appear in the Third Professional Main Examination
Source reference: pp. 5–6, paras. 13–172. Whether the University’s reliance on the requirement to pass all First and Second Professional subjects prevented her from keeping the term of the Third Professional session under Clause 11(b)(ii)
Source reference: pp. 5–6, paras. 11–16Law Applied
Clause 11(b)(i) of the NCISM Regulations, contained in the Gazette Notification dated 16 February 2022, provides that the Second Professional Examination is ordinarily to be held and completed by the end of the Second Professional session; Clause 11(b)(ii) provides that a student who has failed in one or two subjects of that examination shall be allowed to keep the term of the Third (Final) Professional session.
Source reference: pp. 3–4, paras. 7–8, 14The Court also considered the University’s reliance on Clause 10(c)(ii), which it said required a candidate to pass all subjects of the First and Second Professional examinations before appearing in the Third Professional Examination.
Source reference: p. 5, paras. 11–12It followed the approach in Ravi Ranjan & Ors. v. State of Bihar & Ors., CWJC No. 13193 of 2026, where students who had failed in one or two Second Professional subjects were permitted to participate in the next Professional Examination when the supplementary examination had not been held within the prescribed time.
Source reference: pp. 4, 6, paras. 10, 15–16Reasoning
The Court found that Clause 11(b)(ii) expressly entitled a student who had failed in one or two Second Professional subjects to keep the term of the Third Professional session.
Source reference: p. 6, paras. 14–16The petitioner had failed in only two subjects, while the second supplementary examination had neither been conducted nor scheduled and the Third Professional examination was imminent.
Source reference: pp. 3–4, paras. 6, 9Applying the reasoning in Ravi Ranjan, the Court concluded that the pending supplementary examination should not prevent her from participating in the next Professional Examination.
Source reference: p. 6, paras. 15–16Holding
The Court allowed the writ petition and directed the University and the College Principal to permit the petitioner to appear in the Third Year Main Professional B.U.M.S. Examination for the 2021–2026 session, subject to completion of all requisite formalities.
The order did not prevent the respondents from conducting the Second Professional supplementary examination for unsuccessful students within a reasonable time and in accordance with the applicable Regulations.
Source reference: p. 6, para. 18The writ petition was disposed of.
Source reference: p. 7, para. 20Original Court PDF
Khushboo Kumari @ Khusboo KumarivsThe State of Bihar
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