Patna HC lets BUMS student who failed two subjects sit third-year exam after varsity skips supplementary
The Patna High Court directed Aryabhatta Knowledge University to let a Unani student sit the third-year exam from October 3, as it had not held the second supplementary test.
The Patna High Court has ruled in favour of a Unani medical student, saying she will not lose her year despite failing two subjects and can sit the third-year examination. The order was passed by a bench of Justice Harish Kumar.
The case concerns Khushboo Kumari, a student of the 2021-2026 BUMS batch at the Government Tibbi College in Kadamkuan. She is a resident of Katihar. She failed two subjects when the result of the first supplementary examination of the second year was declared.
Under the rules, the university should have held the second supplementary examination at the scheduled time. However, Aryabhatta Knowledge University (AKU) did not hold it, and it has still not been held.
Meanwhile, the date for the main third-year examination was announced, and it begins on October 3. Because the second supplementary examination was not held, Kumari would have been unable to sit the third-year examination and would have lost a full year. She therefore petitioned the High Court.
Her counsel cited the NCISM gazette notification in court. He said that under NCISM rules, a student who fails one or two subjects in the second year is allowed to sit the third-year examination and is permitted to move up to the next year. Kumari, he argued, should get the same permission.
The court held that the fault lay with the university. It said the university's failure to hold the second supplementary examination on time was causing the student a loss, and that it would not be right for her to lose her year. It therefore directed AKU to allow Khushboo Kumari to sit the main third-year examination beginning October 3.
The court also issued directions to the university and the college, asking them to open a portal for the purpose, accept the student's form and fee, and issue her a provisional admit card.
The court further told the university to hold the second supplementary examination at the earliest so that other students do not suffer. The ruling has saved Kumari's year and is also seen as significant for other students of Unani medicine.
