Patna High Court
Vishal KumarversusThe State of Bihar through the Additional Chief Secretary,
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that there is no reason to modify the earlier order and therefore the modification application is rejected.
Summary
Vishal Kumar filed a modification application seeking to alter a prior order that barred him from receiving his M.B.B.S. degree for two years and imposed a Rs.5,00,000 fine. He argued that the original order, interpreted as a two‑academic‑year debarment, would effectively deny him the degree for three years and that the fine was impossible to pay by the stipulated date. The University contended that the court had already balanced law and equity, that the debarment was correctly measured from the date of the Vice Chancellor’s order, and that the penalty was not excessive. The court examined the submissions and found no merit to modify the earlier order, emphasizing that the original direction was based on the facts and circumstances presented. Consequently, the modification application was rejected, leaving the original debarment and fine intact.
Issues considered
- Whether the two‑year debarment from conferring the M.B.B.S. degree should be calibrated to academic sessions rather than calendar years
- Whether the penalty of Rs.5,00,000 imposed on the petitioner can be reduced or altered
Subjects
- modification of order
- penalty reduction
- degree conferral
- academic year
- disproportionate punishment
- writ jurisdiction
- higher education law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.928 of 2026
In
Civil Writ Jurisdiction Case No.1012 of 2025
======================================================
Vishal Kumar S/o Vidyasagar Upadhyay, Resident of at - Nayapara, P.O. -
Khuskibagh, P.S. - Sadar, District- Purnea East, Purnea Bihar - 854305.
... ... 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, Government Medical College, Bettiah, West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shrishti Singh
For the Opposite Party/s : Mr.Standing Counsel 9
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
appearing 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
passed by this court in C.W.J.C. No. 1012 of 2025 particularly
paragraph no. -121 by which this court held that the petitioner-
Vishal Kumar shall not be conferred M.B.B.S. degree for a
Patna High Court MJC No.928 of 2026(3) dt.01-05-2026
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further period of two years reckoning from the date of the order
passed by Vice Chancellor plus he shall be liable to pay a fine of
Rs. 5,00,000/-to the University which shall be deposited by him
before the expiry of two years.
3. Ms. Shrishti Singh, learned counsel for the
petitioner submits that this court disposed the writ application
with direction not to hand over M.B.B.S. degree to the petitioner
for a period of two years reckoning from the date of the order
passed by the Vice Chancellor which means that the purport of
the order was to debar the petitioner from M.B.B.S. degree for
two academic years and if the date of the order passed by Vice
Chancellor is reckoned in that event the petitioner shall loose
three academic years, therefore the order may be modified to the
extent that debarring the petitioner from conferring M.B.B.S
degree shall take effect from the academic year 2024-25 &
2025-26. Secondly, the petitioner faces impossibility in paying
penalty of Rs. 5,00,000/- before 11.11.2026. Therefore, if the
M.B.B.S. degree is conferred after expiry of academic year
2025-26 and penalty is reduced, the petitioner may be able to
earn and deposit the penalty amount.
4. Mr. Awdhesh Kumar, learned counsel for the
University on the other hand argued that this court while
Patna High Court MJC No.928 of 2026(3) dt.01-05-2026
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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 the University not to confer
M.B.B.S. degree to the petitioner- Vishal Kumar, who has
already completed internship and only restriction which has
been imposed is that the petitioner shall not be conferred
M.B.B.S. degree for two years from the date of order of
punishment passed by the Vice Chancellor. The order at
paragraph no. 121 of this court does not contemplate that the
effect of the order passed by this court was based upon
academic session of the M.B.B.S. course inasmuch as the
petitioner has already completed his M.B.B.S. course along with
internship and if the order is modified on the basis of academic
session this will result in awarding punishment even prior to the
date of the order passed by the Vice Chancellor on 12.11.2024.
Insofar reduction in penalty is concerned, the penalty imposed
by this court is not very excessive and is commensurate with the
illegal act committed by the petitioner.
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
Patna High Court MJC No.928 of 2026(3) dt.01-05-2026
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passed the order after taking into account the facts and
circumstances of the case, accordingly, I do not find any reason
to modify paragraph no. 121 of the order dated 19.09.2025.
Accordingly, this modification application is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
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