Justice Harish Kumar directed Government TIBBI College & Hospital, Kadamkuan, Patna to permit the petitioner to appear in 3rd Year Main Professional Examination of B.U.M.S.

In Khushboo Kumari @ Khusboo Kumari vs. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar & Ors. (2026), Justice Harish Kumar of Patna High Court delivered a 7-page long judgement, wherein, he  directed Government TIBBI College and Hospital, Kadamkuan, Patna to permit the petitioner to appear in 3rd Year Main Professional Examination of B.U.M.S. 2. The Principal Secretary, Education Department, Government of Bihar, The judgement concluded: "....the respondent-University and the Principal, Government TIBBI College and Hospital, Kadamkuan, Patna, are directed 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 from 03.10.2026, subject to completion of all requisite formalities. 18. It is made clear that the present order shall not come in the way of the respondent-University and the College in conducting the 2nd Supplementary Examination for the unsuccessful students of the 2nd Professional Examination within a reasonable period of time, in accordance with the applicable Regulations. 19. 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. 20. The writ petition stands disposed off."  

The petitioner, a student of B.U.M.S. course was pursuing her studies at Government TIBBI College and Hospital, Kadamkuan, Patna had approached the High Court seeking a direction upon the respondent-University and the College to permit her to appear in the 3rd Year Main Professional Examination for the session 2021-2026, prior to holding of the 2nd Supplementary Examination of the 2nd Professional Examination and publication of the result thereof. The petitioner had 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 3rd Professional Bachelor of Unani Medicine and Surgery (B.U.M.S.)/BMS Main Examination, which was scheduled to commence from October 3, 2026. 

The petitioner's counsel submitted that the 2nd Year 1st Supplementary Examination of the B.U.M.S. Examination, 2025, was conducted by the respondent-University w.e.f. May 12, 2026 and the result thereof was published on August 20, 2026, i.e., only about one and a half months prior to the commencement of the 3rd Year Main Professional Examination. Referring to the applicable Regulations, it was 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 was submitted that, notwithstanding the said position, the 2nd Supplementary Examination of the 2nd Professional B.U.M.S. Examination, 2024 (S), was neither conducted nor scheduled till date. According to the petitioner, the delay in holding the said supplementary examination resulted in serious and immediate academic consequences for her. The petitioner,'s counsel referred 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 February 16, 2022, submitted that these provisions specifically prescribe the manner in which a student is to be dealt with in the 2nd Professional Examination. Clause 11(b)(i) provides that the 2nd Professional Examination shall ordinarily be held and completed by the end of the 2nd Professional session, whereas Clause 11(b)(ii) specifically provides that 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. It was submitted that the petitioner had failed in only two subjects in her 1st Supplementary Examination and was required to clear the same in the subsequent examination. However, the 2nd Supplementary Examination was neither conducted nor scheduled, and no date has been fixed for holding the same. In the meantime, the 3rd Professional Main Examination was scheduled to commence from October 3, 2026. It was, therefore, submitted that if the petitioner was not permitted to appear in the 3rd 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. 

The petitioner's counsel placed reliance upon a Bench decision of the High Court in Ravi Ranjan & Ors. vs. 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 February 16, 2022, the Court had directed the respondent-University and the concerned Colleges to permit the students who had failed in one or two subjects of the 2nd Professional Examination to participate in the next Professional Examination.

The judgement recorded that the Notification dated February 16, 2022, particularly Clause 11(b)(ii), specifically stipulates that a student who fails in one or two subjects of the 2nd Professional Examination
shall be allowed to keep the term of the 3rd (Final) Professional session. "15. Despite the aforesaid stipulation, the petitioner has not been permitted to appear in the 3rd 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 2nd Supplementary Examination within the prescribed time, was pleased to permit the concerned students to participate in the next Professional Examination. 16. 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."