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Patna High Court

Aarya SinghversusThe Aryabhatta Knowledge University

Decided
Disposal
DISPOSED

Holding

The writ application is disposed, granting the petitioners liberty to seek re‑evaluation before the Vice‑Chancellor upon payment of the prescribed fee.

Summary

Petitioners Aarya Singh and Daisy Singh, MBBS students, filed a writ seeking a court order directing Aryabhatta Knowledge University to re‑check/evaluate their answer scripts for the 2nd Professional MBBS Examination, 2024. The petitioners argued that the issue was no longer res integra, having been decided in earlier High Court orders (CWJC No.14128 of 2024 and CWJC No.2039 of 2026). The university had no objection to disposing of the writ on the basis of those prior orders. With the consent of both parties, the Court disposed of the writ, granting the petitioners liberty to file separate representations for re‑evaluation before the Vice‑Chancellor within one week, subject to a fee of Rs.50,000. If the fee is paid and the representation filed, the university must consider it and issue a fresh mark sheet if marks change, and all pending interim applications are deemed disposed.

Issues considered

  • What relief, if any, can a court grant in a writ petition seeking re‑evaluation of university examination answer scripts?
  • Whether the writ petition is maintainable when the same issue has been decided in earlier coordinated bench orders.

Subjects

  • re‑evaluation
  • university examination
  • writ jurisdiction
  • higher education
  • fee requirement
  • representation
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2285 of 2026
                 ======================================================
           1.     Aarya Singh daughter of Ajay Kuamar Singh, Resident of Mohalla- Chhoti
                  Marai, Phikhara, P.S.-Hajipur Town, District- Vaishali.
           2.    Daisy Singh, daughter of Shyam Sunder Singh, Resident of Village-
                 Chakwajo Malahi, P.S.- Desari, District- Vaishali.

                                                                              ... ... Petitioner/s
                                               Versus
           1.    The Aryabhatta Knowledge University Mithapur, Patna (Bihar) through its
                 Registrar.
           2.    The Vice Chancellor, Aryabhatta Knowledge University, Mithapur, Patna
                 (Bihar).
           3.    The Registrar, Aryabhatta Knowledge University, Mithapur, Patna (Bihar).
           4.    The Examination Controller, Aryabhatta Knowledge University, Mithapur,
                 Patna (Bihar).
           5.    The In-Charge of Evaluation Centre, Aryabhatta Knowledge University,
                 Mithapur, Patna (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Akash Kumar Mishra, Adv.
                 For the Respondent/s   :       Mr.Rana Vikram Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   31-03-2026                   Heard learned counsel for the petitioners and learned

                   counsel appearing for respondent nos.1 to 5, Aryabhatta

                   Knowledge University, Patna.

                               2. With the consent of the parties, this writ application

                   is being disposed of at this stage itself.

                               3. The petitioners in the present writ application have

                   prayed for the grant of following reliefs:

                                            “(a) For issuance of an appropriate writ
                                            directing and commanding the respondents
                                            to re-check/evaluate the answer books of
Patna High Court CWJC No.2285 of 2026(2) dt.31-03-2026
                                            2/3




                                  Paper I & II in Microbiology subject of
                                  petitioner no. 1 and re-check/evaluate the
                                  answer books of Paper I & II in Pathology
                                  subject as well as Paper I & II in
                                  Microbiology subject of petitioner no. 2 of
                                  the 2ND Professional MBBS Examination,
                                  2024(S) which was conducted by the
                                  Aryabhat Knowledge University, Patna.
                                  (b) Any order relief/reliefs that the
                                  Petitioners may found to be entitled to in the
                                  facts and circumstance of the present case.”

                      4. Learned counsel for the petitioners submits that the

          issue involved in the present writ application is no longer

          resintegra and the same has already been decided earlier by a

          coordinate Bench decision of this Court dated 06.03.2025

          passed in CWJC No.14128 of 2024 and also by a decision of

          this Court dated 30.03.2026 passed in CWJC No.2039 of 2026.

          Learned counsel for the petitioners, therefore, submits that the

          present writ application may be disposed of in terms of these

          orders passed in CWJC No.14128 of 2024 and CWJC No.2039

          of 2026.

                      5. To the aforesaid submissions made by learned

          counsel appearing for the petitioners, learned counsel appering

          for respondent University does not have any objection.

                      6. As jointly prayed for by both the parties, this writ

          application is disposed of in terms of order dated 06.03.2025

          passed in CWJC No.14128 of 2024 as well as in terms of order
          Patna High Court CWJC No.2285 of 2026(2) dt.31-03-2026
                                                       3/3




                    dated 30.03.2026 passed in CWJC No.2039 of 2026, granting

                    liberty to the petitioners to file separate representations/request

                    for re-evaluation of answer scripts before the Vice-Chancellor of

                    the respondent University within one week from the date of this

                    order, subject to deposit of Rs.50,000/- before the Vice-

                    Chancellor of the respondent University.

                                7. In case the requisite fee is deposited before the

                    Vice-Chancellor        of    the     respondent   University   and   the

                    representation for re-evaluation of answer scripts are filed by

                    the petitioners, the representations shall be considered and fresh

                    mark sheet shall be issued, if there is any change in the marks,

                    in accordance with law.

                                8. Writ application accordingly stands disposed of in

                    the aforesaid terms. All pending I.As, if any shall be deemed to

                    have been disposed of.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
U


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