Patna High Court Directs Transfer Of Final-Year BDS Student To Govt College After Derecognition Of Private Institute
The Patna High Court has directed the State Government to transfer a fourth-year BDS student from the derecognised Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to Patna Dental College, Patna, within four weeks. The direction was issued considering that the student was nearing completion of her course and that equity lay in her favour.Justice Anjani Kumar Sharan,...
The Patna High Court has directed the State Government to transfer a fourth-year BDS student from the derecognised Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to Patna Dental College, Patna, within four weeks. The direction was issued considering that the student was nearing completion of her course and that equity lay in her favour.
Justice Anjani Kumar Sharan, presiding over the matter, ruled, “It is also an admitted fact that the petitioner is student of 4th year of the BDS course as such the equity is in favour of the petitioner and she is entitled to be transferred to another college.”
“This Court deems it fit and proper to direct the State Government to take necessary steps to transfer petitioner to the 4th Year to Patna Dental College, Patna, within a period of four weeks from the date of receipt/production of a copy of this order,” Justice Sharan further directed.
The above ruling was delivered in a Civil Writ Jurisdiction Case.
According to the facts stated in the judgment, the petitioner had appeared in the National Eligibility cum Entrance Test (NEET), 2020, conducted by the National Testing Agency On the basis of her rank, she secured admission in the Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, through the stray vacancy round and was regularly pursuing her BDS course. Her name was also listed in documentation supplied by B.R. Ambedkar Institute of Dental Sciences and Hospital (respondent no. 9) in connection with other writ petitions filed by students of the same institution.
Subsequently, the Dental Council of India (DCI) issued letters informing that the said institution had been derecognised and requested the State Government (respondent no. 2) to ensure adjustment of already-enrolled students to other recognised government dental colleges in Bihar. Despite these communications, no steps were taken by the authorities to facilitate such transfers, even after repeated representations and personal meetings with officials by the petitioner and similarly affected students.
The petitioner approached the High Court seeking multiple reliefs, including a direction to ensure her transfer to a recognised institution so as to avoid academic loss, continued imparting of education, and conferral of a valid BDS degree.
In its submissions, the Dental Council of India contended that the petitioner's name was not mentioned in the list forwarded by the Bihar Combined Entrance Competitive Exam Board (BCECE) and, as such, her admission could not be considered valid under the BDS Course Regulation, 2017. However, the Court did not dwell on the technical validity of the admission, instead focusing on the petitioner's academic standing and factual position.
The Court after considering the submissions and records, directed the Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to issue the transfer certificate and all necessary documents within ten days of receiving the order. It further clarified, “If the said institute doesn't issue transfer certificate and necessary documents in given time then the Principal of Patna Dental College, Patna is directed to accommodate the petitioner without transfer certificate and necessary documents of the petitioner.”
Additionally, Magadh University was instructed to issue the petitioner's academic documents to the concerned university, and the latter was directed to conduct special examinations for the petitioner, if required. The Principal of Patna Dental College, Patna, was directed to accommodate the petitioner without transfer certificate and necessary documents of the petitioner in her respective semesters/years and permit her to attend classes at Patna Dental College, Patna.
The Court made it clear that all these directions were subject to the outcome of pending before the Supreme Court, filed by the derecognised institution challenging the DCI's decision.
The High Court stated, “It is made clear that the aforesaid decision is subject to the final outcome of SLP (C) No. 3071 of 2024, wherein if the dispute in question is settled in favour of Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Patna, the petitioner who has been transferred to Patna Dental College, Patna, pursuant to this order, shall be transferred back to her original institution, i.e., Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Patna.”
With these directions, the writ petition was disposed of.
Case Title: Anisha Raj vs The State of Bihar and ors
LL Citation: 2025 LiveLaw (Pat) 27
