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Showing contexts for: saveetha in V.S.Subeeksha vs Dental Council Of India on 17 July, 2018Matching Fragments
As the issue involved in all the above Writ Petitions is one and the same, the cases are taken up for disposal by a common order.
2. According to the Petitioners, they were admitted in the 5th Respondent/Saveetha Dental College & Hospital (Deemed University) during the academic year 2016-2017 in Bachelor of Dental Surgery (B.D.S.) Course as N.R.I. Candidates. They attended seven months of Classes towards completion of the 2nd year and completed part of the Examinations for the 2nd year. To their shock, on 08.05.2018, the officials of the 4th and 5th Respondents verbally informed the Petitioners that they cannot continue the Course, as the 1st Respondent/Dental Council of India had directed the 5th Respondent/College to discharge 13 students from their batch including the Petitioners, in view of non-availability of exemption from NEET examination. Pursuant to the same, on 21.05.2018, the Petitioners approached the 1st Respondent/Dental Council of India for issuance of 'No Objection Certificate', thereby enabling them to migrate to any of the constituent affiliated Colleges of the 3rd Respondent/University from the 5th Respondent/College.
4. During the pendency of the said Writ Petition, the Petitioners received a Letter vide No.DE-114/Misc-III/2018-2360, dated 04.06.2018, from the 1st Respondent/Dental Council of India, wherein, it is stated as follows:
That the above 8 applicants be intimated that their request for migration in 2nd year B.D.S. Course from Saveetha Dental College & Hospital, Chennai to any one of the Institutions affiliated to the Tamil Nadu Dr.M.G.R. University, Chennai, cannot be acceded to, as they were admitted in BDS Course under NRI Quota, without qualifying the mandated NEET 2016, in violation of the Dentists (Amendment) Act, 2016 and the proviso of Section 10D shall not be applicable to them as is in respect of the State Government seats only.
17. Though the relief sought by the Petitioners cannot be granted, it is saddening to note that the Petitioners are not able to continue the Course pursued by them for two years, due to the fraud played by the 5th Respondent/College. As the Petitioners have lost 2 years of their studies, this Court directs the 4th Respondent/Saveetha University and the 5th Respondent/Saveetha Dental College and Hospital, to refund the fees paid by the Petitioners herein for the I and II year B.D.S. Course under all Heads, together with interest @ 12% per annum from the date of receipt of the amount, within 30 days from the date of receipt of a copy of this order. Further, the 4th Respondent/Saveetha University shall issue Transfer Certificate to the Petitioners and also return all their Original Certificates, within a period of one week from the date of receipt of a copy of this order.
18. Apart from the refund of fees to the Petitioners, the 4th Respondent/Saveetha University is directed to pay a sum of Rs.25 lakhs (Rupees Twenty Five Lakhs only) as compensation to each of the Petitioners, by means of crossed cheque, within a period of 45 (forty-five) days from the date of receipt of a copy of this order, failing which it is open to the State Government to attach the properties of the 4th Respondent/Saveetha University, to bring it to sale.
19. In fine, Writ Petitions are dismissed with the above direction and observations. No costs.