Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court declined to issue a mandamus and instead directed the petitioners to seek re‑evaluation through a representation before the Vice‑Chancellor, subject to a prescribed fee, in accordance with the earlier order in CWJC No. 2039 of 2026.
Summary
Three MBBS students filed a writ petition seeking a mandamus directing Aryabhatta Knowledge University to re‑evaluate their second‑year answer sheets, award appropriate marks, and issue fresh result sheets. The petitioners argued that their answer scripts had been evaluated incorrectly and that the university should be compelled to correct the marks. The court noted that a similar writ (CWJC No. 2039 of 2026) had already been decided and, with the parties’ consent, disposed of the present application by referring to that order. The court granted the petitioners liberty to file a representation before the Vice‑Chancellor, subject to a fee of Rs 50,000, and directed the university to consider the representation and issue a fresh mark‑sheet if the marks change, within two weeks of receipt. All pending interlocutory applications were deemed disposed.
Issues considered
- What relief, if any, can be granted by a writ of mandamus to compel a university to re‑evaluate examination answer sheets?
- Whether the petitioners must first approach the university with a representation and fee before the court can intervene?
Subjects
- re‑evaluation
- mandamus
- MBBS examination
- university administration
- writ jurisdiction
- representation
- fee requirement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4263 of 2026
======================================================
1. Nitish Kumar Son of Pradeep Kumar Yadav, Resident of Village-Selra, P.O.-
Selra, P.S.-Jaynagar, District-Madhubani.
2. Vishnu Anand, Son of Arvind Kumar, Resident of Village-Madhubani Bazar,
P.O. and P.S.-Madhubani, District-Purnia.
3. Rajan Tiwari, Son of Vijay Tiwari, Resident of Village-Babhangawa, P.O.-
Sikariya, P.S.-Darigawan, District-Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Government of Bihar, Patna.
2. Aryabhatta Knowledge University, Gyan Parisar, Mithapur, Patna.
3. The Vice Chancellor, Aryabhatta Knowledge University, Gyan Parisar,
Mithapur, Patna.
4. The Registrar, Aryabhatta Knowledge University, Gyan Parisar, Mithapur,
Patna.
5. The Examination Controller, Aryabhatta Knowledge University, Gyan
Parisar, Mithapur, Patna.
6. The Principal, Nalanda Medical College and Hospital, Patna.
7. The Principal, ESIC Medical College and Hospital, Patna.
8. The Principal, A.N. Magadh Medical College, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Rakesh Chandra, Adv.
For the State : Mr.Government Pleader (07)
Mr.Sanjay Kumar, AC to GP 07
For Respondent No. 6 (NMCH): Mr.Md.Zeeshan Kalim, Adv.
For AKU : Mr.Dr.Anand Kumar, Adv.
Ms.Kamya Thakur, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner, learned
counsel appearing for respondent-Aryabhatta Knowledge
University, learned counsel appearing for respondent no. 6 and
learned counsel appearing for respondent-State.
2. With the consent of both the parties, this writ
Patna High Court CWJC No.4263 of 2026(2) dt.07-04-2026
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application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) To issue an appropriate order/s,
direction/s including a writ preferably in the nature
of mandamus commanding and directing upon the
respondents to reevaluate the answer sheets of
Second Year of MBBS Examination conducted by the
respondent Aryabhatta Knowledge University. Patna
in which the petitioners appeared.
(ii) To direct the respondents to award
appropriate marks to the petitioners who have
appeared in the said examination taking note of the
fact that they have answered questions appropriately
with quality.
(iii) To direct the respondents to conduct
fresh result of the said examination followed by
reevaluating the answer sheets maintaining the
academic session.
(iv) To any other relief/s to which the
petitioners may be found entitled in the facts and
circumstances of the case.”
4. Learned counsel for the petitioner submits that the
issue involved in this writ application is similar to another writ
application i.e. CWJC No. 2039 of 2026, which was heard and
disposed of by this Court on 30.03.2026. He, therefore, prays that
this writ application may be disposed of in terms of the said order.
5. The aforesaid submission made by learned counsel
for the petitioner is not objected to by any of the respondent
parties.
6. In view of the submissions made above, this writ
Patna High Court CWJC No.4263 of 2026(2) dt.07-04-2026
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application is disposed of in terms of the order dated 30.03.2026
passed in CWJC No. 2039 of 2026 and the petitioner is granted
liberty to file a representation before the Vice-Chancellor of
Aryabhatta Knowledge University, Patna for re-evaluation of
answer scripts, subject to deposit of Rs. 50,000/- within a period of
two weeks from today before the Vice-Chancellor of the
University.
7. In case the requisite fee is deposited before the Vice-
Chancellor of Aryabhatta Knowledge University, Patna and the
representation is filed for re-evaluation of the answer sheets, the
Vice-Chancellor of Aryabhatta Knowledge University, Patna shall
consider the representation and fresh mark-sheet be issued, if there
is any change in the marks, in accordance with law. This must be
done within two weeks of the receipt of representation.
8. The writ application is accordingly disposed of in
terms of the aforesaid liberty granted. All pending interlocutory
application(s), if any, shall also be deemed to have been disposed
of.
(Alok Kumar Sinha, J)
kundan/-
U
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