Patna High Court
The State Of Bihar Through The Chief ... vs Deeksha Kumari on 29 April, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.449 of 2025
In
Civil Writ Jurisdiction Case No.12278 of 2024
======================================================
1. The State of Bihar through the Additional Chief Secretary, Department of
Health and Family Welfare, Government of Bihar, Vikas Bhawan, New
Secretariat, Patna, Pin - 800015.
2. The Additional Chief Secretary, Department of Health and Family Welfare,
Government of Bihar, Vikas Bhawan, New Secretariat, Patna, Pin - 800015.
3. The Director, Department of Health and Family Welfare, Government of
Bihar, Vikas Bhawan, New Secretariat, Patna, Pin - 800015.
... ... Appellant/s
Versus
1. Pramod Kumar Son of Upendra Ray Resident of Village - Sanjay Nagar
Road No. -5, Post - GPO at Patna, Police Station - Jakkanpur, District-
Patna, Pin - 800001.
2. Aaditya Kumar, son of Satendra Kumar, Resident of Village- Morsand, Post
Office- Morsand, Police Station- Pusa, District- Samastipur, Pin- 848115.
3. Vishal Aman, son of Binod Kumar Choudhary, Resident of Village- Dobhra
par near Power Station, Post- Nawada, Police Station- Nawada, District-
Nawada, Pin- 805110.
4. The Registrar, Magadh University, Bodh Gaya, Bihar Pin Code- 824234.
5. The Secretary, Dental Council of India, National Dental Commission
Building, Plot no- 14 Sector- 9, R.K. Puram, New Delhi, Pin- 110022.
6. Union of India through its Secretary to the Government of India, Ministry of
Health and Family Welfare, Nirman Bhawan, Maulana Azad Road, New
Delhi, Delhi- 110011.
7. The Chairman, Dr. B.R. Ambedkar Institute of Dental Science and Hospital,
Hariom Nagar, New Bailey Road, Patna, Bihar Pin- 801503.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 450 of 2025
In
Civil Writ Jurisdiction Case No.13143 of 2024
======================================================
1. The State of Bihar through the Chief Secretary, Bihar.
2. The Additional Chief Secretary, Department of Health, Government of
Bihar, Patna.
... ... Appellant/s
Versus
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
2/12
1. Deeksha Kumari D/o Amardeep R/o Line Bazar Purnea, Opposite - Dak
Bungalow, P.O. - Purnea, P.S. - K - Hat, District- Purnea, Bihar.
2. The Union of India through the Secretary, Ministry of Health and Family
Welfare, Government of India.
3. The Secretary, Ministry of Health and Family Welfare, Government of India.
4. The Dental Council of India, New Delhi through its President.
5. The President, Dental Council of India, New Delhi.
6. Magadh University through its Registrar, Bodh Gaya, Gaya.
7. The Registrar, Magadh University, Bodh Gaya, Gaya.
8. Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Hari Om
Nagar, New Bailey Road, Patna through its Principal.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 454 of 2025
In
Civil Writ Jurisdiction Case No.11629 of 2024
======================================================
1. The State of Bihar through the Chief Secretary, Bihar.
2. The Additional Chief Secretary, Department of Health, Government of
Bihar, Patna.
... ... Appellant/s
Versus
1. G.V. Shyama D/o Gautam Singh, R/o Mahamada, Bagwanpur, P.S.
Bhagwanpur, District- Siwan.
2. Najmus Sehar, D/o Najeeb Ahmad, R/o Road No. 1, Indrapuri Colony,
Somanpura, Rajabazar Rukanpura P.S. B.V. College, District Patna.
3. Arpita Singh, D/o Haradhan Singh, R/o Milan Pally, P.S. Kishanganj,
District- Kishanganj.
4. Aliya Munabbar, D/o Munabbar Ali, R/o MTN Ghosh Road Champanagar,
P.S. Nathnagar, District - Bhagalpur.
5. Shahin Ansari, D/o Nesar Ansari, R/o Ramji Dubey Tola P.S. Dhaka, District
- East Champaran.
6. Priya Yadav, D/o Arun Singh, R/o Byapur, P.S. Maner, District Patna.
7. Jeet Kriti, D/o Sunil Kumar Thakur, R/o Hajipur, P.S. - Hajipur, District -
Vaishali.
8. Shristi Pandey, D/o Santosh Kumar Pandey, R/o Purana Sabalpura Babuan
Bhojpur, P.S. Babuna, District- Bhojpur.
9. Ekta Anand, D/o Anand Gyan Ranjan, R/o East Karyanand Nagar P.S.
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
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Lakhisarai, District - Lakhisarai.
10. Amrita Bharti, D/o Deepak Kumar Mahto, R/o Dohat Narayan Baheri,
Darbhanga, P.S. Bohat Narayan, District- Darbhanga.
11. Sneha Singh, D/o Mithilesh Kumar Singh, R/o Rajiv Nagar Road, No. 8D,
P.S. Keshri Nagar, District- Patna.
12. The Union of India through the Secretary, Ministry of Health and Family
Welfare, Government of India.
13. The Secretary, Ministry of Health and Family Welfare, Government of India.
14. The Dental Council of India, New Delhi through its President.
15. The President, Dental Council of India, New Delhi.
16. The B.R. Ambedkar Institute of Dental Sciences and Hospital, Hari Om
Nagar, New Bailey Road, Patna through its Principal.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 455 of 2025
In
Civil Writ Jurisdiction Case No.12083 of 2024
======================================================
1. The State of Bihar through the Chief Secretary, Bihar.
2. The Additional Chief Secretary, Department of Health Government of Bihar,
Patna.
... ... Appellant/s
Versus
1. Pratyush Ranjan Son of Uday Shankar Prakash, Resident of Village and
P.O.- Uber, P.S. Ghoshi, District- Jehanabad.
2. Vishakha, D/o Vishwanath Prasad Mehta, Resident of Near Middle School,
Dilawarpur, Munger, P.O. Munger, P.S. Munger Kotwali, District- Munger.
3. Namita D/o Manoj Kumar Jha, Resident of Suhird Nagar, Panhas,
Begusarai, ward No. 26, P.O. Suhird, Nagar, P.S. Lohiya Nagar, District-
Begusarai.
4. Manisha Kumari, D/o Raj Kumar Thakur, Resident of Pantoka Road,
Raxaul, East Champaran, Bihar, P.O. Haraiya, P.S. Raxaul, District- East
Champaran- 845305.
5. Neha Nishi D/o Arun Kumar, Resident of Gurukul Bhawan, Ward no. 10,
Fazalganj, Sasaram, P.O. and P.S.- Sasaram, District-Rohtas.
6. Kumari Pragya Bharti, D/o Binod Prasad, Resident of East of Patna Road,
Shivdat Bigha, Ekangar Sarai, Nalanda , Bihar, P.O. and P.S. Ekangar Sarai,
District- Nalanda- 801301.
7. Priyanka Singh, D/o Man Singh, Resident of Jagdeo Nagar near Over
Bridge, Bazar Samiti Ara, Bhojpur, P.O. Anaith, P.S. Nawada District-
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
4/12
Bhojpur.
8. Prince Kumar, Son of Baliraj Singh, Resident of Baghakhoh, P.O. Tetrarh,
P.S. Akorhi Gola, District-Rohtas.
9. Jaya Singh, D/o Sudarshan Singh, Resident of Ashok Nagar, Pokharia Jail
Road, NH- 31, Ward No. 36, P.O. and P.S.- Begusarai.
10. Annu Shree, D/o Rajeev Kumar, Resident of Near Post Office, Dularpur,
Ward no. 01, Nayanagar,P.O.-Dularpur, P.S.-Teghra, District- Begusarai.
11. Aarushi Gupta, D/o Sunil Kumar, Resident of Satsang Mandir Road, Gandhi
Path, Ward no. 08, Kahara,P.O.- Head Quarter Saharsa, P.S.- Sadar Thana,
District-Saharsa.
12. Noman Ahmad, Son of Mohammad Sidique, Resident of Village-
Dharambari, P.O. Safiyabad, P.S. Baikunthpur, District- Gopalganj.
13. Sakshi Snehi, D/o Bhavesh Mishra, Resident of Village- Shirniya Tola,
Shirniya, Itahri, P.O. - Gogri, P.S.- Jamalpur, District- Khagaria.
14. Shreya Raj, D/o Mukul Kumar, Resident of Bishunpur Gadh, Ward no.15,
Maudah Buzurg, District-Vaishali.
15. Pawan Kumar , Son of tarkeshwar Prasad Singh, Resident of Paijana, P.O.
Paijana, P.S. Ghoswari, District- Patna.
16. Pritam Kumari, D/o Buchkun Sharma, Resident of Village- Jhandapur, P.O.
Bihpur, P.S. Bihpur, District- Bhagalpur.
17. Sanu Kumar, Son of Devnandan Prasad Singh, Resident of Village and P.O.-
Phulwariya, P.S. Gogari, District- Khagaria.
18. Misha Bharti, D/o Prabhas Kumar, Resident of Village- Kursaha, P.S.
Mohiuddin Nagar, District- Samastipur.
19. Saniya Farhat, D/o Md. Afzal Alam, Resident of Flat No. 101, Hashmi
Residency, Ward no. 12, Near- Chitkohra Masjid Anishabad, District- Patna.
20. The Union of India through the Secretary, Ministry of Health and Family
Welfare, Government of India.
21. The Secretary, Ministry of Health and Family Welfare, Government of India.
22. The Dental Council of India, New Delhi through its President.
23. The President, Dental Council of India, New Delhi
24. Magadh University through its Registrar, Bodh Gaya, Gaya.
25. The Registrar, Magadh University, Bodh Gaya, Gaya.
26. Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Hari Om
Nagar, New Bailey Road, Patna through its Principal
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 449 of 2025)
For the Appellant/s : Mr P.K.Shahi, AG.
Mr.Anukriti Jaipuriyar (R.C. To A.G.)
For the Respondent/s : Mr.Siddhartha Prasad, Adv.
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
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For UOI : Mr. K.N. Singh, ASG
Mr. Brajesh Kumar Pandey, CGC
Mr. Shivaditya Dhari Sinha, Adv.
For Dental Council of India : Mr. S.D. Sanjay, ASG
Mr. Mohit Agarwal, Adv.
Mr. Lokesh Kumar, Adv.
(In Letters Patent Appeal No. 450 of 2025)
For the Appellant/s : Mr P.K.Shahi, AG.
Mr.Anukriti Jaipuriyar (R.C. To A.G.)
For the Respondent/s : Mr. Amardeep, Adv.
For UOI : Mr. K.N. Singh, ASG
Mr. Brajesh Kumar Pandey, CGC
Mr. Shivaditya Dhari Sinha, Adv.
For Dental Council of India : Mr. S.D. Sanjay, ASG
Mr. Mohit Agarwal, Adv.
Mr. Lokesh Kumar, Adv.
(In Letters Patent Appeal No. 454 of 2025)
For the Appellant/s : Mr P.K.Shahi, AG.
Mr.Anukriti Jaipuriyar (R.C. To A.G.)
For the Respondent/s : Mr.Patanjali Rishi, Adv.
For UOI : Mr. K.N. Singh, ASG
Mr. Brajesh Kumar Pandey, CGC
Mr. Shivaditya Dhari Sinha, Adv.
For Dental Council of India : Mr. S.D. Sanjay, ASG
Mr. Mohit Agarwal, Adv.
Mr. Lokesh Kumar, Adv.
(In Letters Patent Appeal No. 455 of 2025)
For the Appellant/s : Mr P.K.Shahi, AG.
Mr.Anukriti Jaipuriyar (R.C. To A.G.)
For the Respondent/s : Mr.Siddhartha Prasad, Adv.
For UOI : Mr. K.N. Singh, ASG
Mr. Brajesh Kumar Pandey, CGC
Mr. Shivaditya Dhari Sinha, Adv.
For Dental Council of India : Mr. S.D. Sanjay, ASG
Mr. Mohit Agarwal, Adv.
Mr. Lokesh Kumar, Adv.
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 29-04-2025
1. All these appeals have been taken up together
and are being disposed of by this common judgment.
2. The writ petitioners are all students of Dr. B.R.
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
Ambedkar Institute of Dental Sciences and Hospital, Patna
(hereinafter referred to as "B.R. Ambedkar Dental
College") which stood de-recognized by the Dental Council
of India (in short 'DCI') for not having followed the
guidelines with regard to infrastructure and the academic
faculties. However, a letter was issued by the Govt. of
India to the DCI to look into the grievances of the students
who had been admitted in B.R. Ambedkar Dental College
and if possible make arrangements for their being
transferred to other Govt. recognized Dental Colleges in the
State of Bihar.
3. Pursuant to such a communication, a request
was made by the DCI to the Govt. of Bihar for taking
necessary steps for accommodating / transferring the
students of B.R. Ambedkar Dental College to other Govt.
recognized Dental Colleges in the State of Bihar.
4. When nothing was being done on this
communication from the Govt., the writ petitioners filed
various writ petitions in the Court, all of which were heard
by a learned Single Judge, who passed separate orders in
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
the writ petitions, directing the Govt. to accommodate the
writ petitioners in the Govt. Dental College at Patna.
5. The appellant /State has serious objection to
such a direction for two reasons.
6. All the writ petitioners /respondents in these set
of appeals had appeared in NEET examination and on the
basis of their performance, they were allocated seat in a
private Dental College, namely, B.R. Ambedkar Dental
College, which stood de-recognized later. The writ
petitioners, therefore, cannot as a right demand for
adjustment in the Govt. Dental College. All that they could
legitimately ask for was their transfer to any other Govt.
recognized Dental College in the State of Bihar.
7. The second objection to the judgment impugned is
that at no point of time, the State Govt. had consented to
transfer students of B.R. Ambedkar Dental College to Govt.
Dental College, Patna.
8. A procedure, it has been informed, has been
adopted by the Govt. in identifying Dental Colleges with
vacant seats and the writ petitioners have been given the
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
option for selection of their colleges from amongst the list
of such colleges prepared. If no option were to be exercised
by the students, the transfer had to be carried out by way
of draw of lots. This process is only to avoid any objection
with respect to arbitrariness in allocating seats in different
Dental Colleges to the writ petitioners as the process
referred to above would be a double-blind process, with
perhaps no say to the State to handpick particular student
for a particular college.
9. The respondents / writ petitioners have objection
to the aforesaid stand of the Govt. in as much as the fee
structure of different colleges are different and the
respondents might end up paying more than what they had
settled for when they took admission in B.R. Ambedkar
Dental College. The other objection is that in this case, the
allocation had to be done by the Dental Council of India and
it was not for the Govt. to decide that the students /
respondents would not be transferred to a Govt. Dental
College but only to private Dental Colleges, having vacant
seats. The other apprehension of the respondents is that
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
they might miss out on the examination of the second year
but this apprehension does not make up for any ground for
the insistence of being admitted in a Govt. Dental College
only.
10. It is a matter of common knowledge that the
students getting more marks are generally accommodated
in Govt. colleges, which are in greater demand by the
students. It would otherwise be unfair, in this circumstance,
for the other students of different private Medical Colleges
which have not been de-recognized, if the students of B.R.
Ambedkar Dental College (presently de-recognized) would
be placed in Govt. Dental Colleges with lesser marks
obtained by them in the NEET examination.
11. During the course of hearing, Mr. S.D. Sanjay,
learned Additional Solicitor General appearing for the DCI
submitted that it is for the State to take a decision with
respect to the Colleges in which the respondents would be
transferred. All that the DCI would care for is that the
students / respondents, for not fault of theirs, be not left
completely high and dry at this incipient stage of their
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
career building.
12. The learned Advocate General appearing for the
appellants has submitted that for taking a fair approach
towards the career of the students / respondents, an
enquiry was made with respect to fee structure of private
Dental Colleges qua the fee structure at B.R. Ambedkar
College and it was found that all the recognized private
Dental Colleges in the State of Bihar have lower fee
structure than B.R. Ambedkar Dental College.
13. In that view of the matter, there would be no
necessity of passing any order with respect to demanding
lesser fee from the respondents. Nonetheless, the State is
ready to refer the matter to Fee Fixation Committee,
constituted by the State, which it shall do after the
respondents take admission in colleges which is allocated to
them.
14. The other apprehension of the respondents of
their missing out on the internal examination, the State has
assured that special examination would be held for such
students who would be transferred to different medical
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
colleges from B.R. Ambedkar Dental College because of its
de-recognition.
15. In the aforenoted circumstances, we modify the
impugned judgment in all the appeals to the extent that the
respondents shall be allocated respective seats in
recognized private Dental Colleges in the State of Bihar, for
which the list has already been prepared and the
respondents have to exercise their option and in case no
option is exercised, the allocation shall be made by draw of
lots. There shall be no insistence for transferring the
respondents to the Govt. Dental College at Patna.
16. We have also taken into account the fact that in
almost all the writ petitions preferred by the respondents
herein, a statement has been made that they be
accommodated in any recognized Dental College within the
State of Bihar.
17. Such adjustments of the respondents/students
in other colleges be done expeditiously.
18. All the appeals stand disposed off accordingly
with the modification in the impugned judgments.
Patna High Court L.P.A No.449 of 2025 dt.29-04-2025
19. Interlocutory Application/s, if any, in all the
appeals, stand disposed off.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
sunilkumar/-
AFR/NAFR
CAV DATE
Uploading Date 01.05.2025
Transmission Date
