Bds case order set aside by mhc cj bench

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 27.08.2020
Delivered on: 08.09.2020
C O R A M
The Hon’ble Mr. A.P.SAHI, THE CHIEF JUSTICE
and
The Hon’ble Mr. Justice SENTHILKUMAR RAMAMOORTHY
Writ Appeal No.482 of 2020 &
C.M.P.No.7294 of 2020
The Dental Council of India,
Aiwan-E-Galib Marg,
Kotla Road, Temple Lane,
Opposite to Mata Sundari College for Women,
Mandi House, New Delhi-110 002. … Appellant

Vs
1.PSR Lakhmi Bhuvaneshwari Preethi
2.The Registrar,
The Tamilnadu Dr.MGR Medical University,
No.69, Anna Salai,
Guindy, Chennai-600 032.
3.Madha Dental College and Hospital,
Represented by its Principal,
Kundrathur,
Chennai-600 050.
4.Ragas Dental College and Hospital,
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Represented by tis Principal,
No.2/102, East Coast Road,
Uthandi. … Respondents
PRAYER : Writ Appeal is filed under Clause 15 of Letters Patent, to set
aside the order dated 11.03.2020 passed in Writ Petition No.32782 of 2019.
For Appellant : Mr.S.Haja Mohideen Gisthi
For Respondents : Mr.Om Prakash, Senior Counsel
for Mr.AR.Karthik Lakshmanan for R1
JUDGMENT
SENTHILKUMAR RAMAMOORTHY J.,
The first Respondent herein was a student of the third Respondent
College in the Bachelor of Dental Surgery (BDS) course. According to the
first Respondent, the third Respondent demanded exorbitant tuition and
examination fees and donations from her over a period of time. These
problems entailed the filing of three writ petitions, namely, W.P. No.14867
of 2017 for revaluation; W.P. No.3572 of 2019 for a mandamus to direct the
respondents therein to conduct the III year BDS examination for the first
Respondent herein as a special case; and W.P. No.8192 of 2019 for a
mandamus to transfer her to the Government Dental College, Chennai.
While the latter writ petitions were pending, the first Respondent obtained a
transfer certificate from the third Respondent College. W.P. Nos.3572 and
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a discretion but does not impose an obligation on the Dental Council to
reject an application that does not meet the prescribed compassionate
grounds criteria. Nonetheless, this discretion is intended to be exercised
reasonably and non-arbitrarily and the test would always be whether the
application for migration satisfies the compassionate grounds requirement,
be it on the compassionate grounds criteria prescribed in Note 2 (i) and (ii)
or otherwise. For example, a student may be subject to physical violence or
sexual harassment in a college and may seek migration for these reasons. In
each case, the Dental Council would have to examine if it qualifies as a
compassionate ground by exercising its discretion judiciously. Thus, in our
view, the compassionate grounds criteria in Note 2 (i) and (ii) are illustrative
and not exhaustive.
11. On the facts of this case, we are acutely conscious of the fact
that the student has obtained a transfer certificate from the third
Respondent College and her career is likely to be severely affected unless
some arrangement is made for the continuation of her education. Keeping in
mind this situation and the discussion in the preceding paragraph, in case
the first Respondent is willing to join the II year BDS course and the fourth
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Respondent College is willing to admit her in the II year, we grant leave to
the first Respondent to make a fresh representation to the Dental Council
through the Dr. M.G.R. Medical University for permission to migrate by
joining the II year of the BDS course. Upon receipt of such representation,
the Dental Council is directed to consider the same in light of the
observations contained herein and pass orders thereon on merits within a
period of four weeks from the date of receipt of such representation. Before
parting with the case, we note that the facts and circumstances set out above
highlight the necessity for the Dental Council to revisit the BDS
Regulations on migration so as to create a frame work that ensures high
standards of dental education while also enabling migration, on reasonable
grounds, in a wider range of situations.
12. For reasons set out above, the impugned order in the writ
petition is set aside and the writ appeal is disposed of on the above terms.
No costs. Consequently, connected miscellaneous petition is closed.
(A.P.S.,CJ,) (S.K.R.,J,)
08.09.2020
Speaking Order
Index :Yes
Internet :Yes
kal
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