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Patna High Court

Vishal KumarversusThe State of Bihar through the Additional Chief Secretary,

Decided
Disposal
DISMISSED

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
                                            3/4




          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
                                                           4/4




                         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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