Karnataka High Court
Mr.Naman.P vs Dental Council Of India on 9 August, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:31929
WP No. 13020 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 13020 OF 2024 (EDN-RES)
BETWEEN:
MR. NAMAN P.,
AGED ABOUT 19 YEARS,
S/O DR. A PRAKASH KUMAR, T/AR NO.29,
DIVINE CITY, CHIKKABALLAPURA,
KARNATAKA - 562 101.
...PETITIONER
(BY SRI. MUNISWAMY GOWDA S.G., ADVOCATE)
AND:
1. DENTAL COUNCIL OF INDIA
NATIONAL DENTAL COUNCIL BUILDING, PLOT NO.14,
SECTOR-9, R K PURAM, NEW DELHI-110022.
REP. BY ITS SECRETARY.
2. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
Digitally REP. BY ITS REGISTRAR.
signed by
Vandana S 3. DIRECTOR OF MEDICAL EDUCATION
Location: BANGALOER MEDICAL COLLEGE AND RESEARCH
HIGH COURT
OF INSTITUTE (OLD BUILDING) 1ST FLOOR,
KARNATAKA FORT, K R ROAD, BANGALORE-560002.
REP. BY ITS DIRECTOR.
...RESPONDENTS
(BY SRI. GANAPATHI SUBBARAYA BHAT, ADVOCATE FOR R1;
SMT. MAMATHA G. KULKARNI, ADV. FOR R2; R3 - SERVED)
THIS WP IS FILED PRAYING TO QUASH THE
COMMUNICATION DATED 28.12.2023 BEARING
NO.DCI/PDMS/MISC/NOC/MGRTB/114/2023.24/2023/6005 ISSUED BY
THE R1 DENTAL COUNCIL OF INDIA VIDE ANNEXURE-E.
DIRECTING THE R1 DENTAL COUNCIL OF INDIA TO APPROVE THE
MIGRATION OF PETITIONER FORM GOVERNMENT DENTAL
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NC: 2024:KHC:31929
WP No. 13020 of 2024
COLLEGE AND RESEARCH INSTITUTE, VIMS CAMPUS,
CANTONMENT, BELLARY TO GOVERNMENT DENTAL COLLEGE
AND RESEARCH INSTITUTE, FORT, VICTORIA HOSPITAL CAMPUS,
BENGALURU AND ETC.,
THIS PETITION, COMING ON FOR HEARING ON IA, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"a) Issue a writ in the nature of certiorari and quash the communication dated 28.12.2023 bearing No.DCI/PDMS/Misc/NOC/Mgrtb/114/2023/6005 issued by the 1st respondent Dental Council of India vide Annexure-E.
b) Issue a writ in the nature of Mandamus directing the 1st Respondent Dental Council of India to approve the migration of petitioner from Government Dental College and Research Institute, VIMS Campus, Cantonment, Bellary to Government Dental College and Research Institute, Fort, Victoria Hospital Campus, Bengaluru.
c) Grant such other relief or consequential relief as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."
2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 and 2 and perused the material on record.
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NC: 2024:KHC:31929 WP No. 13020 of 2024
3. A perusal of the material on record will indicate that the petitioner joined Bachelor of Dental Surgery (BDS) Course in Government Dental College and Research Institute, Bellary in the year 2022 and started taking treatment for Obsessive Compulsive Disorder (OCD) from November-2022 onwards and completed his first year BDS course on 27.11.2023. On account of his ill health, the petitioner wanted to migrate from the aforesaid Government Dental College, Bellary to the Government Dental College, Bengaluru and obtained No Objection Certificate (NOC) from the college at Bengaluru on 28.11.2023 and also the College at Bellary on 29.11.2023, which was followed by the NOC from the Rajiv Gandhi University of Health Sciences from 04.12.2023. In pursuance of the same, the petitioner approached respondent No.1 Dental Council of India for permission to migrate, which was declined by the impugned order dated 28.12.2023 on the ground that the regulations permitting migration are not applicable to the petitioner, who is before this Court by way of the present petition.
4. Since the petitioner specifically pleaded that he is entitled to transfer on compassionate ground on account of his mental health i.e., OCD, this Court wanted to ascertain the same -4- NC: 2024:KHC:31929 WP No. 13020 of 2024 and accordingly passed an interim order on 09.07.2024, which reads under:
"After hearing the matter for some time, it is noticed that the petitioner has made out certain medical grounds for examination.
Learned counsel appearing for the respondent has raised certain contentions relating to the medical condition as asserted by the petitioner.
In light of the same, it would be appropriate to direct that the petitioner be examined by a Psychiatrist at Victoria Hospital, Bengaluru, who is to examine the petitioner in reference to the medical conditions evidenced by Annexures enclosed alongwith the petition. After examination of the petitioner, the Psychiatrist is to file a report before this Court in a sealed cover.
Registry to communicate the said order alongwith the copies of the petition to the Superintendent, Victoria Hospital, Bengaluru for necessary action.
Petitioner shall also serve an advance copy of today's order to the Superintendent, Victoria Hospital, Bengaluru.
Re-list the matter on 29.07.2024."
5. In pursuance of the said order, a report was submitted by the Psychiatrist at Victoria Hospital, Bengaluru confirming that the petitioner was indeed actually suffering from OCD from 18.11.2022 onwards and on account of medicines being -5- NC: 2024:KHC:31929 WP No. 13020 of 2024 administered to him, the petitioner was in a stable condition and was advised to continue to take medicine for the aforesaid disease. A perusal of the impugned endorsement will indicate that the respondent has come to the conclusion that there is no compliance of the regulations, which permit migration from Government College, Bellary to the Government College at Bengaluru. Under identical circumstances, in the case of Mr. Nikhil Chandrakanth Gowda Vs. Dental Council of India and others - W.P.No.55631/2017 dated 23.08.2018, a co-ordinate Bench of this Court has come to the conclusion that the two circumstances mentioned in the Regulation viz., (i) death of supporting guardian
(ii) Disturbed condition as declared by the Government in the Dental College area, are merely illustrative and not exhaustive and under the circumstance of compassionate grounds, respondent No.1 - DCI ought to have considered the request for migration bearing in mind the health condition of the candidate seeking migration. In the instant case, in the light of the undisputed fact that this Court felt it necessary to ascertain the mental health by subjecting him to medical examination for the purpose of ascertaining that he was entitled to migration on health grounds or not and in the peculiar/special facts and circumstances pertaining -6- NC: 2024:KHC:31929 WP No. 13020 of 2024 to the instant case, I deem it just and appropriate to set aside the impugned endorsement and direct respondent No.1 to permit the petitioner to migrate from the Government College, Bellary to the Government College, Bengaluru by taking necessary steps in this regard immediately upon receipt of a copy of this order.
6. In the result, I pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned endorsement/communication at Annexure-E dated 28.12.2023 by respondent No.1 is hereby quashed.
iii) Respondent No.1 is directed to take necessary steps to permit migration of the petitioner from Government Dental College and Research Institute, Bellary to the Government Dental College and Research Institute, Bengaluru, immediately upon receipt of a copy of this order.
iv) It is however made clear that this order is passed in the peculiar/special facts and circumstances of the instant case and in pursuance of the interim order dated -7- NC: 2024:KHC:31929 WP No. 13020 of 2024 09.07.2024 and report submitted by the psychiatrist at Victoria Hospital and the present order shall not be treated as a precedent nor shall have any precedential value for any purpose, whatsoever.
v) In so far as the requirement of filing an affidavit at the time of migration by the petitioner undertaking to attend 240 days in the college to which he seeks migration to is concerned, having regard to the mental health condition of the petitioner, which stands confirmed by the report referred to supra, the said requirement shall not be insisted by respondent No.1-Dental Council as on today.
vi) It is further directed that for the purpose of computing 240 days, the number of days attended by the petitioner at the Government Dental College, Bellary and number of days to be attended by the petitioner in the college at Bengaluru pursuant to the migration shall be taken into account by the respondents.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 2 Sl No.: 25