Patna High Court
Bhawesh Kumar BhaskarversusThe State of Bihar through the Additional Chief Secretary, Health Department,
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The court declined to modify paragraph 119 and upheld the three-year expulsion from the date of the Vice Chancellor's order.
Summary
The petitioner, Bhawesh Kumar Bhaskar, sought modification of a High Court order that expelled him from Aryabhatta Knowledge University for three years from the date of the Vice Chancellor's order dated 12-11-2024. He argued that the three-year period should be read as three academic years, which would allow him to sit for his final examination in the 2027-28 session, whereas the court's interpretation effectively imposed a four-year ban. The University contended that the court had already balanced law and equity and that any modification based on academic sessions would amount to imposing punishment before the order's date. The court examined the prayer for modification, the language of paragraph 119, and the principle of proportionality, finding no justification to alter its earlier ruling. Consequently, the modification application was rejected, leaving the original expulsion order intact.
Issues considered
- Whether the three-year expulsion period should be interpreted as three academic years or three calendar years.
- Whether the expulsion order constitutes a disproportionate punishment warranting modification.
- Whether the court may modify its earlier writ order on the basis of the petitioner's interpretation of the period.
Subjects
- university expulsion
- academic discipline
- modification of order
- proportionality
- writ jurisdiction
- higher education law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1154 of 2026
In
Civil Writ Jurisdiction Case No.19657 of 2024
======================================================
Bhawesh Kumar Bhaskar S/O Indradev Paswan, resident of Ward No. 12, Vil-
lage-Datuar, Datwar, P.S.-Khajauli, District - Madhubani, Bihar-847228.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health Depart-
ment, 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, Darbhanga Medical College, Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shrishti Singh
For the Opposite Party/s : Mr. Vivek Prasad, Government Pleader 7
Mr. Sanjay Kumar, AC to GP 7
Ms. Roona, AC to GP 7
For the University : Mr. Awadhesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 01-05-2026 1. Heard Ms. Shrishti Singh, learned counsel for the
petitioner and Mr. Awadhesh Kumar, learned counsel appearing
for the University.
2. The present modification application has been filed
by the petitioner for modifying the order dated 19.09.2025
Patna High Court MJC No.1154 of 2026(3) dt.01-05-2026
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passed by this court in C.W.J.C. No. 19657 of 2024 particularly
paragraph no. -119 by which this court held that the petitioner-
Bhawesh Kumar Bhaskar shall remain expelled from the
College / University for a period of three years reckoned from
the date of order of the Vice Chancellor.
3. Ms. Shrishti Singh, learned counsel for the
petitioner submits that expulsion from the College / University
for a period of three years reckoned from the date of the order of
the Vice Chancellor refers to three academic years from the date
of the order passed by the Vice Chancellor i.e. academic years
2024-25, 2025-26 & 2026-27. Since in terms of paragraph no.
116 of the judgment it has been directed that the result of the
final year examination shall remain withheld accordingly the
petitioner may be allowed to resume from the session 2027-28
for which he may be allowed to appear for the final year
examination i.e. 3rd Professional Part-II Examination in the year
2027. The modification is necessitated due to the fact that
otherwise the consequence of the direction stipulating three
years from the date of the order passed by the Vice Chancellor
tantamounts to imposing a punishment of 04 years since the
order of the Vice Chancellor is dated 12.11.2024 and three years
would mean 11.11.2027. However, the petitioner would be
Patna High Court MJC No.1154 of 2026(3) dt.01-05-2026
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ineligible until the next year to appear in the final year examina-
tion. Therefore, the petitioner stands to be disqualified for a
period of four years which does not appear to be the purport of
the judgment dated 19.09.2025.
4. Mr. Awdhesh Kumar, learned counsel for the
University on the other hand argued that this court while
disposing the writ application has taken into consideration the
disproportionate punishment awarded by the University and
after striking a balance between law and equity has passed a
well considered order directing that the petitioner shall remain
expelled from the College / University for a period of three
years reckoned from the date of the order of the Vice
Chancellor and the result of the said final year examination shall
remain withheld and shall not be published / declared and if the
order is modified on the basis of academic session this will
result into awarding punishment even prior to the date of the
order passed by the Vice Chancellor on 12.11.2024.
5. Regard being had to the submission made by the
parties, taking into consideration the nature of prayer made in
the modification application and the fact that this court has
passed the order after taking into account the facts and circum-
stances of the case, accordingly, I do not find any reason to
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modify paragraph no. 119 of the order dated 19.09.2025.
This modification application is rejected.
(Anil Kumar Sinha, J)
praful/-
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