Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 64436 (PAT)

G.V. Shyama v. The State of Bihar

CWJC/11629/2024 · 2025-03-18

Anjani Kumar Sharan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11629 of 2024 ====================================================== 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. Aliyan 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. 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. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Bihar. 2. The Additional Chief Secretary, Department of Health, Government of Bihar, Patna. 3. The Union of India through the Secretary, Ministry of Health and Family Welfare, Government of India. 4. The Secretary, Ministry of Health and Family Welfare, Government of India. 5. The Dental Council of India, New Delhi through its President. 6. The President, Dental Council of India, New Delhi. 7. B.R. Ambedkar Institute of Dental Sciences and Hospital, Hari Om Nagar, New Baley Road, Patna through its Principal. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Patanjali Rishi, Adv. For the Respondent/s : Mr. P.K. Shahi, AG. : Mr. Anukriti Jaipuriyar, Adv. For the U.O.I. : Mr. Sarita Bajaj, Adv. Patna High Court CWJC No.11629 of 2024(9) dt.18-03-2025 2/5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 9 18-03-2025 Heard learned counsel for the parties. 2. The present writ petition has been filed for seeking following reliefs: i. For issuance of a writ in the nature of mandamus or a writ of mandamus or any other writ of the like nature thereby directing the respondents particularly the respondent no. 2 to ensure shifting of the petitioners from BR Ambedkar Institute of Dental Sciences and Hospital, Patna to any other institute to facilitate petitioners' completion of their BDS courses furtherance in of Letter No. DCI/Acad/BDS/Clg/Periodic/28/2024- 25/2024/339 dated 29/05/2024 and DCI/Acad/BDS/Clg/Periodic/28/2024- 25/2024/2132 dated 26/06/2024 of the respondent no. 5 to the respondent no. 2. ii. For issuance of a writ in the nature of mandamus or a writ of mandamus or any other writ of the like nature thereby directing the respondents to ensure such adjustment of the petitioners in BDS course in any other institute so that the petitioners do not suffer loss of academic sessions. iii. For issuance of a writ in the nature of mandamus or a writ of mandamus or any other writ of the like nature thereby directing the respondents to ensure that the petitioners are imparted academic instructions and awarded degree of Bachelor of Dental Sciences from a recognized institution. iv. For any other relief/reliefs, this Hon'ble Court may find fit and proper in the facts and circumstances of the present case. 3. The brief fact of the present case is that the Patna High Court CWJC No.11629 of 2024(9) dt.18-03-2025 3/5 petitioners appeared in NEET, 2023 and upon counselling and based on their ranks they were allotted seats in B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna. Petitioners got admitted and were pursuing their course, suddenly it came to the knowledge of the petitioners that the B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, had been unrecognized by the Dental Council of India. 4. Learned counsel for the petitioners submits that the recognition the said institute in question was cancelled by the D.C.I. and the Dental Commission of India vide its letter dated 26.06.2024 requested the State Government to take action to shift the students studying in the institution to another Dental College within the State of Bihar. However, till date the State Government has not taken any necessary step in pursuance of the same. 5. Learned counsel for the Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Patna, submits that Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Patna, has already filed a SLP (C) No. 30171 of 2024 before the Hon’ble Apex Court, for de-recognition of the said institute by the D.C.I. which is still pending. 6. That the submissions made by the respondents in Patna High Court CWJC No.11629 of 2024(9) dt.18-03-2025 4/5 the C.W.J.C. No. 12083 of 2024 is considered herein further at bar the State Government herein also has no objection if the petitioners are shifted to any Government Dental College, specifically to the Panta Dental College, Patna. 7. Having considered the submissions made by the parties and on perusal of records, this Court deems it fit and proper to directs the State Government to take necessary steps to transfer petitioners to Patna Dental College, Patna, within a period of four weeks from the date of receipt/production of a copy of this order. 8. Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Patna, is hereby directed to issue the transfer certificates and necessary documents of the petitioners within ten days from the date of receipt/production of a copy of this order. The Principal of Patna Dental College, Patna, is also directed to accommodate the petitioners in their respective semesters/years and permit them to attend classes at Patna Dental College, Patna. The Magadh University is directed to issue transfer certificates and necessary documents of the petitioners to the concerned University and, further the concerned University is instructed to conduct special examinations for the petitioners in their respective Patna High Court CWJC No.11629 of 2024(9) dt.18-03-2025 5/5 semesters/years, if necessary. 9. 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 petitioners who have been transferred to Patna Dental College, Patna, pursuant to this order, shall be transferred back to their original institution, i.e., Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Patna. 10. With the aforesaid direction, the present writ application stands disposed of. anand/- (Anjani Kumar Sharan, J) U