Calcutta High Court (Appellete Side)
Samriddhi Chatterjee vs The State Of West Bengal & Ors on 19 July, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
1
19.07.2016.
rc
W.P. No. 12048(W) of 2016
Samriddhi Chatterjee
-Vs-
The State of West Bengal & Ors.
Mr. Debasish Banerjee .. For the petitioner
Mr. Avik Ghatak .. For the respondent no.3
Mr. Debapratim Guha .. For the respondent no.5
Mr. Pantu Deb Roy
Mr. Subrata Guha Biswas .. For the State
The petitioner seeks a direction on the dental college to forward a representation made for migration from one college to the other.
Learned advocate for the petitioner has relied upon a public notice issued by the Joint Secretary of the Government of India, Ministry of Health and Family Welfare and submits that migration from one dental college to the other is permissible. Since is it permissible and in view of the fact that the petitioner is studying at a private college and seeks a transfer at a Government college the same should be considered. He submits that, the tuition fees in the Government college is far less than that of a private college.
Moreover, the Government College is nearer to the residence of the petitioner.
The West Bengal State Medical Council, the private college and the State are represented.
The public notice relied upon by the petitioner speaks as follows :-
"IV. Migration:
(1) Migration from one dental college to another is not a right of a student.
However, migration of students from one dental college to another dental college in India may be considered by the Dental College of India Only in exceptional 2 cases on extreme compassionate grounds*, provided the following criteria are fulfilled. Routine migrations on other ground shall not be allowed. (2) Both the colleges, i.e. one at which the student is studying at present and one to which migration is sought, are recognised by the Dental Council of India. (3) The applicant candidate should have passed first professional BDS examination.
(4) The applicant candidate submits his application for migration, complete in all respects, to all authorities concerned within a period of one month of passing (declaration of results) the first professional Bachelor of Dental Surgery (BDS) examination.
(5) The applicant candidate must submit an affidavit stating that he/she will pursue, 240 days of prescribed study before appearing all IInd professional Bachelor of Dental Surgery (BDS) examination at the transferee dental college, which should be duly certified by the Registrar of the concerned University in which he/she is seeking transfer. The transfer will be applicable only after receipt of the affidavit.
Note 1:
(i) Migration is permitted only in the beginning of IInd year BDS Course in recognised institutions.
(ii) All applicants for migration shall be referred to Dental Council of India by the college authorities. No Institution/ University shall allow migration directly without the prior approval of the Council.
(iii) Council reserves the right not to entertain any application which is not under the prescribed compassionate grounds and also to take independent decisions where applicant has been allowed to migrate without referring the same to the Council.
Note 2: * Compassionate ground criteria:
(i) Death of supporting guardian.
(ii) Disturbed conditions as declared by Government in the Dental College
areä."
The records made available does not demonstrate that the petitioner falls within the exceptional cases as appearing in the public notice. The petitioner has not made out any compassionate ground. In any event, the ground that the Government college is nearer to the residence of the petitioner cannot come within either an exceptional case or an extreme compassionate ground. Lower fees of Government colleges will also not come in those grounds.3
In this circumstances, I do not find any merit in this writ petition.
W.P.No. 12048(W) of 2016 is dismissed without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Debangsu Basak, J. )