Dr. Krishna Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5842 of 2022 ====================================================== 1.

Dr. Krishna Kumar Prasad son of Sri Asharfi Prasad, Resident of Village Rarhi, P.S. Jab, District Darbhanga.

2.

Dr. Amar Prakash, son of Jai Prakash Prasad Singh, resident of Village Bangpur, P.S. Parbalpur, District Nalanda.

Dr. Rajiv Kumar, son of Late Parmanand Sahni, Resident of village Sikandarpur, P.S. Town (Muzaffarpur), District Muzaffarpur. 4.

Dr. Sanobar Jamal, Wife of Md. Jabihulla, resident of Mohalla Sammanpura, Flat No. 304 Enclave, West of I.G.I.M.S. Boundary, P.S. Fulwari, District Patna.

5.

Dr. Udit Kumar Paswan, son of Siyaram Paswan, resident of Village Musepur, P.S. Jehanabad, District Jehanabad.

6.

Pankaj Kumar, son of Sri Ghanshyam Prasad Singh, resident of Village Narayanpur, P.S. Sultanganj, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Principal, Nalanda Medical College and Hospital, Patna. The Principal, Patna Medical College and Hospital, Patna. 4.

The Principal, Sri Krishna Medical College and Hospital, Patna. 5.

The Principal, Darbhanga Medical College and Hospital, Patna. 6.

The Vice Chancellor, Aryabhatt Knowledge University, Patna. 7.

The Controller of Examination, Aryabhatt Knowledge University, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D.K. Sinha, Sr. Adv Mr. Bijendra Kumar, Adv For the Respondent/s :

Mr. Vijaya Gauri Srivastava (AC to Sc23) For the University :

Mr. Awadhesh Kumar. Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 06-08-2024 Heard the parties.

2.

The present writ application is filed for commanding the respondent concern to re-evaluate the answer sheet of all the

2/4 subjects of the petitioners of final examination of M.D. of the Sessions 2018-21 by the subject expert of All India Institute of Medical Science, New Delhi and publish the final result of M.D. accordingly.

Learned counsel appearing on behalf of the University produced a short note in the Court in which it is stated that:- (i) Petitioner no.1 appeared in Final exam in September 2021 and failed, then supplementary exam was held in March 2022 for which he did not apply for appearing. Final exam was held in June 2022, which he filled but did not appear in the exam. Supplementary exam was held in December 2022 in which he did not apply for appearing. Final Exam held in September 2023 in which also, he did not apply for appearing. Lastly, Supplementary Exam was held in 2023 for which also he did not apply.

(ii) Petitioner no.2 appeared in final exam in September 2021 and failed, then supplementary exam was held in March 2022 for which he did not apply for appearing. Later, he appeared in final Exam in June 2022 was declared pass.

(iii) Petitioner no.3 appeared in final exam in September 2021 and failed, then supplementary exam was held in March 2022 for which he did not apply for appearing. Later, he appeared in

3/4 final Exam in June 2022 was declared pass.

(iv) Petitioner no.4 appeared in final exam in September 2021 and failed, then supplementary exam was held in March 2022 for which he did not apply for appearing. Later, he appeared in final Exam in June 2022 was declared pass.

(v) Petitioner no.5 appeared in Final exam in September 2021 and failed, then supplementary exam was held in March 2022 for which he did not apply for appearing. Final exam was held in June 2022, which he filled but did not appear in the exam. Supplementary exam was held in December 2022 in which he did not apply for appearing. Final Exam held in September 2023 in which also, he did not apply for appearing. Lastly, Supplementary Exam was held in 2023 for which also he did not apply.

(vi) Petitioner no.6 appeared in final exam in September 2021 and failed, then supplementary exam was held in March 2022 for which he did not apply for appearing. Later, he appeared in final Exam in June 2022 was declared pass.

From perusal of the records, it appears that despite of several chances petitioner no.1 and 5 did not appear in the examinations held by the University and has now approached this Court for re-evaluation of their answer sheets. Considering

4/4 these points, I am inclined to entertain the prayer of the petitioners.

4.

Accordingly, this writ application is dismissed. (Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.08.2024 Transmission Date NA