Karnataka High Court
Ms. Trishathi. M. N. vs Dental Council Of India on 3 April, 2018
Equivalent citations: 2018 (4) AKR 250
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Dated this the 3rd day of April, 2018
Before
THE HON'BLE DR JUSTICE VINEET KOTHARI
Writ Petition No.52180 of 2017 (EDN-RES)
Between
Ms. Trishathi M.N.
D/o Nanda Kumar M.S.
Aged about 19 years
Residing at Malgara
Gutti Yadahalli (Post)
Thirthahalli Taluk
Shivamoga District-577432.
... Petitioner
(By Mr. Nishanth A.V. Advocate)
And
1. Dental Council of India
Aiwan-E-Ghalib Marg
Kotla Road, New Delhi-110002
Represented by its Secretary.
2. Rajiv Gandhi University of
Health Sciences
Jayanagar 4th Block
Bengaluru-560 041
Represented by its Registrar.
... Respondents
(By Mr. G.S. Bhat, Advocate for R1
Mr. K. Krishna, Advocate for R2)
****
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to issue a writ of certiorari
Date of Order 03-04-2018 W.P.No.52180/2017
Ms. Trishathi M.N. Vs. Dental Council of India & Anr.
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or any other writ quashing the communication dated 24-10-
2017 bearing No.DE-114-Misc.III-2017/12682 vide
Annexure-E & etc.
This Writ Petition coming on for Preliminary Hearing in
'B' Group, this day, the Court made the following:
ORDER
Mr. Nishanth A.V. Advocate for Petitioner Mr. G.S. Bhat, Advocate for R1 Mr. K. Krishna, Advocate for R2
1. The petitioner - Ms. Trishathi M.N., D/o.Nanda Kumar M.S. has filed this writ petition in this Court on 15/11/2017.
2. The petitioner is a student of B.D.S. Course presently in Maaruti College of Dental Sciences and Research Centre, Bangalore who issued a 'No objection Certificate' in favour of the petitioner for her transfer and migration to Vokkaligara Sangha Dental College and Hospital, Bangalore, subject to approval by the Rajiv Gandhi University of Health Sciences Date of Order 03-04-2018 W.P.No.52180/2017 Ms. Trishathi M.N. Vs. Dental Council of India & Anr. 3/10 (RGUHS), Bangalore and Dental Council of India (DCI), New Delhi.
3. The other College where the petitioner was seeking transfer namely, Vokkaligara Sangha Dental College and Hospital (V.S. Dental College and Hospital) also gave its consent for such transfer of the petitioner in the said course vide Annexure C dated 03/10/2017.
4. However, the Dental Council of India vide its Endorsement, Annexure E dated 24/10/2017 refused to grant the permission for such transfer and migration on the ground that the provisions of the BDS course Regulations, 2007 permits such migration on compassionate grounds criteria only in two circumstances, viz., I. Death of the supporting guardian;
II. Disturbed conditions as declared by Government in Dental college area as per DCI norms.
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5. Admittedly vide Clause (II) aforesaid, no such declaration specifying the 'disturbed conditions' has been made by the Government for any particular Dental Area as required under the said Regulations.
6. The learned counsel for the petitioner, Mr. Nishanth A.V. submitted before the Court that vide Medical Certificate issued by the K.I.M.S. Hospital and Research Centre, Bangalore, Prof. Dr. Ramachandra J., the petitioner was diagnosed with Cervical Spondylitis and she has been advised bed rest and avoid traveling. Therefore, the petitioner wants to avail the Hostel facility and pursue the said course of BDS in II year shifting from Maaruti College of Dental Sciences and Reasearch Centre to Vokkaligara Sangha Dental College & Hospital where Hostel facility is available and which is near to K.I.M.S. Hospital for her treatment, for which both the respective Colleges had given their 'consent' and 'No objection' and therefore, the Dental Council of Date of Order 03-04-2018 W.P.No.52180/2017 Ms. Trishathi M.N. Vs. Dental Council of India & Anr. 5/10 India ought to have approved such migration of the petitioner.
7. He relied upon the decision of the Madras High Court in the case of The Dental Council of India, Rep. by its Secretary, New Delhi Vs. Fathima Thameema P.K, 2017 SCC Online Madras 10905 in para.7 of which on the ground of the petitioner suffering from Lumbar disc disease with degeneration of L4, L5 and L5-S1 disc bulge and that her condition would aggravate if the petitioner undertakes travel and finding that she had to travel 84 kms. every day, which is not advisable medically, the Division Bench of the Madras High Court allowed such migration under the relevant Dental Council Regulations.
8. The learned counsel appearing for the Dental Council of India, Mr.G.S. Bhat without disputing the adverse medical condition of the petitioner, submitted before the Court that Clause (I) of the compassionate Date of Order 03-04-2018 W.P.No.52180/2017 Ms. Trishathi M.N. Vs. Dental Council of India & Anr. 6/10 ground criteria, viz., Death of the supporting Guardian is obviously not applicable in the present case and the second condition, viz., 'disturbed conditions as declared by Government in the Dental College Area' would not cover the case of the present petitioner as no such 'disturbed condition' as such has been declared by the Government, but looking to the terms of the said Clause, it would normally envisage a law and order disturbance in a particular Dental area which may permit migration of such cases.
9. Having heard the learned counsel appearing for the parties, this Court is of the opinion that the stand taken by the Respondent Dental Council of India is untenable.
10. Despite repeated query from the Court, the learned counsel for the Respondent - Dental Council of India was unable to point out any Notification or Declaration under Clause (II) of the Compassionate Grounds criteria for such migration on the part of the Date of Order 03-04-2018 W.P.No.52180/2017 Ms. Trishathi M.N. Vs. Dental Council of India & Anr. 7/10 Central Government. In the absence of any 'disturbed conditions' prescribed or declared by the Government under Clause (II), there is no reason to confine the 'disturbed conditions' in the perspective of law and order situation only, as canvassed by the learned counsel for Dental Council of India.
11. The words 'compassionate grounds criteria' itself is of wider import and cannot be restricted to one or two specified circumstances. The adverse health conditions of a candidate can also sometimes furnish a valid and reasonable ground for seeking migration, depending upon the facts of each case.
12. One cannot lose sight of the fact that both the concerned Colleges have given their 'consent' and 'No objection' in the matter, meaning thereby that there is no disturbance to the existing students' strength in that particular Course in either of the Colleges by such transfer and migration sought by the present petitioner.
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13. The job of Dental Council of India in such cases is mainly administrative in character only, viz., to see that the Regulations are not flouted. However, if the Regulation leaves a discretion open for the concerned Authority to verify as to whether a particular reason for seeking migration amounts to a compassionate ground for allowing the same or not, the application of mind by the concerned Authority to the relevant facts of the case becomes important and it cannot be mechanically rejected by the said Authority.
14. In the present case, in the absence of any ceclaration made by the Government about the specified 'disturbed conditions' so as to restrict the consideration of such Applications on compassionate grounds to those fact situations, this Court is not inclined to uphold the contention of the Respondent Dental Council of India on the said ground.
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15. On the contrary, the reasons assigned by the Division Bench of the Madras High Court in the case of Dental Council of India (supra) appear to be more appropriate and worthy of being followed.
16. With great respects therefore, following the aforesaid reasoning, this Court is inclined to allow the present writ petition and quash the impugned Endorsement of the Dental Council of India Annexure E dated 24/10/2017.
17. The Respondent - Dental Council of India is directed to issue the approval of such migration of the petitioner - Ms. Trishathi M.N., D/o. Nanda Kumar M.S. from Maaruti College of Dental Sciences and Research Centre, Bangalore to Vokkaligara Sangha Dental College and Hospital, Bangalore in view of her peculiar adverse health conditions, which has prompted her to seek such migration and which has been consented to by both the concerned Colleges.
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18. The present writ petition is accordingly allowed.
Sd/-
JUDGE BMV*