The Patna High Court has issued a significant direction to the State Government, asking it to transfer a final-year BDS student from the now-derecognised Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to Patna Dental College. The Court instructed that this transfer must be completed within four weeks. This decision was taken keeping in view the academic future of the student, who was on the verge of completing her course.

Justice Anjani Kumar Sharan, while delivering the judgment, remarked,

"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."

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The ruling came in response to a civil writ petition filed by the student, Anisha Raj, who had been pursuing her BDS studies at the private dental institute. Her admission had been made through the stray vacancy round of NEET 2020, conducted by the National Testing Agency. Despite the institute’s derecognition by the Dental Council of India (DCI), the student continued attending her course, with her name listed in documents submitted in various related writ petitions.

Later, the DCI officially informed the State Government about the derecognition of the institution. It also advised that all currently enrolled students should be transferred to other recognised government dental colleges in Bihar. However, the authorities failed to take any action. The petitioner made multiple representations and even met with government officials in person, but no steps were taken to protect her education.

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The student then approached the High Court seeking relief, including a direction to ensure her transfer to a valid and recognised institution. She also sought continuation of her education and the eventual award of a legitimate BDS degree.

The Dental Council of India, in its response, claimed that her name was missing from the admission list forwarded by the Bihar Combined Entrance Competitive Exam Board (BCECE). Therefore, they questioned the validity of her admission as per the BDS Course Regulation, 2017. However, the Court chose not to focus on this technicality. Instead, it considered the student’s current academic status and the need to prevent unnecessary loss of her educational efforts.

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The Court, after going through the facts and submissions, directed the concerned authorities to act immediately. It ordered the Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital to issue a transfer certificate and all necessary documents within ten days of receiving the Court’s order.

“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,” the Court clearly stated.

Additionally, Magadh University, to which the student was affiliated, was instructed to issue all academic documents to the concerned university. If necessary, the new institution was also directed to conduct special examinations for the student so she would not lose out academically. The Principal of Patna Dental College was told to allow the student to attend classes and continue her studies without delay.

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The Court further clarified that all these directions are provisional and will depend on the outcome of a case currently pending before the Supreme Court. The derecognised institution has filed a petition challenging the DCI’s decision.

“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,” the Court noted.

With these directions, the High Court disposed of the petition.

Case Title: Anisha Raj vs The State of Bihar and ors