Patna High Court Orders Transfer of BDS Student from Derecognised College to Patna Dental College [Read Judgment]

Patna: 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 to Patna Dental College within four weeks.

Justice Anjani Kumar Sharan delivered the judgment while hearing a writ petition filed by Anisha Raj, who sought a transfer to another dental college after her institution lost recognition from the Dental Council of India (DCI).

Patna High Court Grants Relief to BDS Student After College Derecognition

The court addressed the case of a student who had secured admission through the stray vacancy round after clearing the National Eligibility cum Entrance Test (NEET) in 2020 and was currently in the fourth year of her Bachelor of Dental Surgery program.

The petitioner’s counsel, Mr. Patanjali Rishi, argued that the DCI, while derecognising the B.R. Ambedkar Institute, had requested the State’s Health Department to ensure the adjustment of enrolled students to other government dental institutes in Bihar. Despite personal meetings and representations, no action had been taken by the authorities.

BDS Student Transferred to Patna Dental College Amid DCI Derecognition Row

The counsel further submitted that the petitioner had a legitimate expectation, at the time of seeking admission, that she would receive proper education and a recognized degree from the institution.

The DCI, represented by Senior Advocate Mr. S.D. Sanjay, objected to the transfer request, arguing that the petitioner’s name did not appear in the allotment list of the Bihar Combined Entrance Competitive Examination Board (BCECEB), which conducts admissions for dental colleges in the state, thereby making her admission invalid.

Examining the matter, Justice Sharan observed:
“Considering the facts and circumstances of the case, it is an admitted fact that the petitioner got admission in the college against a stray vacancy; it is not denied by the learned counsels for the respondents… It is also an admitted fact that the petitioner is a student of the 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.”

The court directed the State Government to take necessary steps to transfer the petitioner to the 4th year at Patna Dental College within four weeks. It also ordered the B.R. Ambedkar Institute to issue the transfer certificate and necessary documents within ten days, failing which Patna Dental College was instructed to accommodate the student without them.

Additionally, Magadh University was directed to issue a transfer certificate to the concerned university, which was instructed to conduct special examinations for the petitioner, if required.

The court clarified that its decision is subject to the final outcome of a Special Leave Petition filed by the B.R. Ambedkar Institute before the Supreme Court challenging its derecognition. If the dispute is settled in favour of the institute, the petitioner would be transferred back to her original institution.

Appearances:
Mr. Patanjali Rishi, Advocate, appeared for the petitioner.
Mr. Raghwendra Kumar, Standing Counsel-22, appeared for the State.
Mr. S.D. Sanjay, Senior Advocate, assisted by Mr. Mohit Agrawal, Mr. Lokesh Kumar, and Mr. Vikash Khanna, Advocates, appeared for the Dental Council of India (DCI).
Mr. Sriram Krishna, Advocate, along with Mr. Prabhat Kumar Singh and Mr. Shashank Shekhar Kunwar, Advocates, appeared for Magadh University.

Case Title: Anisha Raj v. The State of Bihar & Ors.

 [Read Judgment]