Patna High Court
The State Of Bihar vs Akhilendra Kumar on 12 May, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.543 of 2025
In
Civil Writ Jurisdiction Case No.12122 of 2024
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1. The State of Bihar through the 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.
... ... Appellant/s
Versus
1. Akhilendra Kumar, S/o Shailendra Kumar, Resident of Village- Bahadurpur,
P.S.- Mashrakh, District- Saran.
2. Khushboo Singh, D/o Man Singh, R/o Jagdeo Nagar, P.S.- Nawada, District-
Bhojpur.
3. Monalisa, D/o Manoj Kumar Paswan, R/o Fatehpur, P.S.- Zero Mile Sabour,
District- Bhagalpur.
4. Neha Kumari, D/o Niranjan Kumar Singh, R/o Dudhaila, P.S.- Maner,
District- Patna.
5. Pratibha Kumari, D/o Subhash Kumar, R/o Chandi Prasad Lane, Kobi Badi,
P.S- Musaiadpur, District- Bhagalpur.
6. Raushan Kumar, S/o Prabhash Kumar Mandal, R/o Kharadi Tola Minapur,
P.S.- Town Thana Hajipur, District- Vaishali.
7. Sofia Ara Ansari, D/o Tajuddin Ansari, Alba Colony, Near IIT, Behind A
One Apartment, P.S.- Phulwarisharif, District- Patna.
8. Sumit Kumar, S/o Kamlesh Kumar, R/o Babhanpura, P.S.- Phulwarisharif,
District- Patna.
9. Varsha Kumari, D/o Bhola Prasad Keshari, R/o High School Chowk, P.S.-
Sabour, District- Bhagalpur.
10. The Union of India, through the Secretary, Ministry of Health and Family
Welfare, Government of India, Nirman Bhawan, Maulana Azad Road, New
Delhi, Delhi-110011.
11. The Secretary, Ministry of Health and Family Welfare, Government of India,
Nirman Bhawan, Maulana Azad Road, New Delhi, Delhi- 110011.
12. The Dental Council of India through its President, National Dental
Patna High Court L.P.A No.543 of 2025 dt.12-05-2025
2/6
Commission Building, Plot No.-14, Sector-9, R.K. Puram, New Delhi, Pin-
110022.
13. The President, Dental Council of India, National Dental Commission
Building, Plot No.-14, Sector-9, R.K. Puram, New Delhi, Pin-110022.
14. The Magadh University, through its Registrar, Bodh Gaya, Gaya, Bihar, Pin-
824234.
15. The Vice Chancellor, the Magadh University through the Vice Chancellor,
Bodh Gaya, Gaya, Bihar, Pin-824234.
16. The Registrar, Magadh University, Bodh Gaya, Gaya, Bihar, Pin-824234.
17. The Controller of Examinations, Magadh University, Bodh Gaya, Gaya,
Bihar, Pin-824234.
18. The Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, through
its Principal, Hari Om Nagar, New Bailey Road, Patna, Bihar, Pin-801503.
... ... Respondent/s
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Appearance :
For the Appellant/s : P.K.Shahi, A.G.
Ms.Anukriti Jaipuriyar, Advocate
For the Resp. Nos. 1-9 : Mr. Patanjali Rishi, Advocate
For the UOI : Mr. Brajesh Kumar Pandey, CGC
For the DCI : Mr. S.D.Sanjay, Sr. Advocate
Mr. Mohit Agrawal, Advocate
Mr. Lokesh Kumar, Advocate
For the Magadh Uni. : Mr. Siddhartha Prasad, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date: 12-05-2025
Though this case has been listed under the
heading 'For Orders on Office Notes', but with the consent
of the parties, the case is being disposed off on merits.
2. The writ petitioners/respondent Nos. 1 to 9 are
students of final year in Dr. B.R.Ambedkar Institute of
Patna High Court L.P.A No.543 of 2025 dt.12-05-2025
Dental Sciences and Hospital, Patna, which now has been
de-recognised by the Dental Council of India for not having
followed the guidelines with regard to infrastructure and the
academic faculties. However, on a request by the
Government of India to the Dental Council of India, a
decision was taken to accommodate the students of the de-
recognised college to other recognised colleges, but not any
Government college.
3. It appears that the learned Single Judge while
deciding a cluster of petitions, directed the respondents to
arrange for the admission of the students in Government
Dental College, Patna, which decision was challenged in
four of the Letters Patent Appeals, the lead appeal being
LPA No. 449 of 2025. It would only be profitable to extract
Paragraph Nos. 10 to 17 of the judgment for the purposes of
disposal of this appeal. Paragraph Nos. 10 to 17 are as
hereunder:
"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
Patna High Court L.P.A No.543 of 2025 dt.12-05-2025
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 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
Patna High Court L.P.A No.543 of 2025 dt.12-05-2025
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 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."
4. This appeal also stands disposed off in terms of
the direction given in LPA No. 449 of 2025.
5. The appellants/State shall take into account that
the writ petitioners are students of final year, so
Patna High Court L.P.A No.543 of 2025 dt.12-05-2025
examination be taken separately so that they are not
required to attend any further classes in any college in
which they are accommodated.
6. Interlocutory application, if any, shall also stand
closed.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sujit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.05.2025
Transmission Date NA
