Jharkhand HC quashes cancellation of Awadh Dental College’s essentiality certificate
SUMAN K SHRIVASTAVA Ranchi, August 13: The Jharkhand High Court has set aside the State government’s decision to cancel an Essentiality Certificate…
SUMAN K SHRIVASTAVA
Ranchi, August 13: The Jharkhand High Court has set aside the State government’s decision to cancel an Essentiality Certificate issued to Awadh Dental College & Hospital, Jamshedpur, observing that the grounds cited for cancellation did not meet the legal requirements for withdrawing such a certificate.
Justice Ananda Sen passed the order on August 13, filed by Awadh Dental College & Hospital.
Court finds cancellation order violated principles of natural justice
The dispute arose after the State government cancelled the Essentiality Certificate dated January 19, 2018, which was related to an increase of 15 MDS seats at the college.
The college had challenged the cancellation, arguing that the State had relied on grounds that were not mentioned in the original show-cause notice. The High Court agreed with this contention, noting that the alleged absence of infrastructure had not been cited in the show-cause notice issued to the college.
The court held that an authority cannot travel beyond the grounds specified in a show-cause notice while passing a punitive order. Such an action violates the principles of natural justice because the affected party must be given an opportunity to respond to the allegations against it.
Dispute centres on admission of 68 BDS students
The main controversy relates to the admission of 68 students to the BDS course on November 20, 2025.
According to the college, the Jharkhand Combined Entrance Competitive Examination Board (JCECEB) had kept the stray vacancy counselling round on hold, while the National Dental Commission had fixed November 20, 2025, as the last date for admission. The college therefore admitted 68 students from the All-India/NEET merit list on the last date.
The State, however, alleged that the admissions were made without proper counselling and that all 68 vacant seats were filled in a single day. A show-cause notice was subsequently issued to the college in December 2025.
The college maintained that similar admissions had been permitted in previous academic sessions and that the students had been selected from the merit list.
High Court says Essentiality Certificate can be withdrawn only in limited circumstances
The court examined the legal principles governing Essentiality Certificates and referred to earlier Supreme Court judgments.
It held that such a certificate can be withdrawn in exceptional circumstances, including where it was obtained through fraud, where the substratum on which it was granted has disappeared, or for reasons of a similar nature.
In the present case, the High Court found that neither fraud in obtaining the certificate nor disappearance of the underlying need for the college had been established.
The court noted that the continued functioning of the college itself indicated that the need for its establishment remained. It also observed that the State had recommended another student for admission, which further indicated that the substratum of the Essentiality Certificate had not disappeared.
National Dental Commission’s blanket admission ban also set aside
The High Court also examined the National Dental Commission’s decision to stop admissions to all UG and PG courses at the college for the 2026-27 academic session.
The court noted that the State had cancelled only the Essentiality Certificate dated January 19, 2018, while the college’s three earlier certificates remained in force. Therefore, the National Dental Commission could not have stopped admissions across all courses solely on the basis of the State’s decision.
The court consequently held that the National Dental Commission’s action debarring the college from admitting students in all courses was also unsustainable.
Court leaves legality of 68 admissions open for fresh inquiry
Importantly, the High Court did not declare the admission of the 68 BDS students legal.
Justice Ananda Sen held that the question of whether the admissions were proper, irregular or illegal requires an independent inquiry by the National Dental Commission. Such an inquiry cannot be conclusively decided in proceedings under Article 226 of the Constitution.
The court has therefore allowed the National Dental Commission to conduct an inquiry into the 68 admissions after giving the college a proper opportunity of hearing. Appropriate action may be taken thereafter based on the outcome of that inquiry.
Key takeaway
The Jharkhand High Court has set aside the cancellation of Awadh Dental College’s 2018 Essentiality Certificate and the blanket ban on admissions, but it has not given a clean chit to the 68 BDS admissions. The National Dental Commission can independently examine the admissions and take action in accordance with law after following due process.
