V S SUBEEKSHA Vs. DENTAL COUNCIL OF INDIA

JUDGEMENT

(1.) It is the case of the appellants in W.A.Nos.1795 to 1801 of 2018 / first respondent in W.A.Nos.1888 to 1895 of 2018 (hereinafter referred to as 'students') that they were admitted in Saveetha Dental College & Hospital (Deemed University), the fifth respondent in W.A.Nos.1795 to 1801 of 2018 / second appellant in W.A.Nos.1888 to 1895 of 2018, 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 in W.A.Nos.1795 to 1801 of 2018, ie., Saveetha University and Saveetha Dental College respectively, verbally informed the students that they cannot continue the Course, as the Dental Council of India, the first respondent in W.A.Nos.1795 to 1801 of 2018 / second respondent in W.A.Nos.1888 to 1895 of 2018 had directed the Saveetha Dental College to discharge 13 students from their batch including the students herein, in view of non-availability of exemption from NEET examination. Pursuant to the same, on 21.05.2018, the students herein approached the Dental Council of India for issuance of 'No Objection Certificate', thereby enabling them to migrate to any of the constituent affiliated Colleges of the Tamil Nadu Dr.MGR Medical University (hereinafter referred to as 'MGR University') from the Saveetha Dental College. As there was no response from the Dental Council of India regarding the grant of 'No Objection Certificate', they approached this Court by filing W.P.Nos.13855 of 2018, 13862 of 2018, 13858 of 2018, 13856 of 2018, 13860 of 2018, 13861 of 2018, 13859 of 2018 and 13857 of 2018, respectively, seeking a direction to the Dental Council of India to issue 'No Objection Certificate' to enable them to migrate to any of the affiliated Colleges of the MGR University forthwith and for a consequential direction to the Additional Director of Medical Education/ Secretary of Selection Committee, Chennai and MGR University to accommodate them in any of the affiliated Colleges of the MGR University in the 2nd year B.D.S. Course of 2016-2017 batch. During the pendency of the said writ petitions, the students received a letter vide No.DE-114/Misc-III/2018-2360, dated 04.06.2018, from the Dental Council of India, wherein, the request of the students 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, has been rejected, on the ground that 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 Sec. 10D shall not be applicable to them. In view of the same, the students withdrew the said writ petitions, as the relief sought therein had become infructuous.

(2.) With the above background, they filed W.P.Nos.14342 to 14349 of 2018 praying to quash the order dated 04.06.2018 passed by the Dental Council of India and for a direction to issue 'No Objection Certificate' enabling them to migrate to any of the affiliated colleges of the MGR University and to accommodate them in any one of the affiliated colleges of the MGR University in the 2nd year BDS Course of 2016-2017 batch.

(3.) The Dental Council of India has filed a counter affidavit before the writ Court wherein it has been stated that the students have filed the writ petitions in contravention and in violation of the directives of the Honourable Supreme Court of India and the Ordinance promulgated by the Central Government on 24.05.2016 with regard to the mode and manner for conducting NEET and subsequently replaced and repealed by the Dentists (Amendment) Act, 2016 enacted on 02.06.2016. According to the Dental Council of India, the admission of the students herein is not valid and void ab initio and that as per the Dental Council of India Revised BDS Course Regulations 2007, migration of a student is not a matter of right and it could be allowed only in exceptional cases on extreme compassionate grounds, that too, after fulfilling the requisite conditions. Hence, the question of migration of the students from Saveetha Dental College to any other constituent Dental Institution of the MGR University does not arise. It is further stated that the Dental Council of India scrutinised the list of students admitted by the Saveetha Dental College to B.D.S. Course for the academic session 2016-2017 and found that 13 students including the students herein were admitted without qualifying the NEET and finally the Dental Council of India directed the Saveetha Dental College to discharge its 13 students including the students herein from B.D.S. Course and delete their names from the list. Pursuant thereto, the Saveetha Dental College discharged 13 students including the students herein from B.D.S. Course and deleted their names from the list.