IN THE HONOURABLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.PJC.) No. 6100 OF /2011 PETITIONER RESPONDENTS V.K. Sinha S/o. late Shri N.K. Sinha, aged about 49 years, R/o. 540/4, RTS Colony, District Bilaspur (C.G.), VERSUS The State of Chhattisgarh, Through Secretary, Health Education Department, Mantralaya, at D.K.S. Bhawan, Raipur (C.G.), The Registrar, Ayush SE Health Science University of Chhattisgarh, Raipi.u- (C.G.), The Secretary Dental Council of India, New Delhi. The Dean, Chhattisgarh Dental College & Research Institute, Rajnandgaon (C.G.j, The Chairman, Managing Committee, Chhattisgarh Dental College 8s Research Institute, Rajnandgaon (C.G.), WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. -h. 'l' ^ ^ '!!'^Z^£^> ~"-:~-S-SS—::^^if£^ *\ G® PETITIONER RESPONDENT HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (C) N0. 6100 OF 2Q1_1 V.K. Sinha Versus The State of Chhattisgarh & Others (Writ Petition underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Shailendra Dubey, Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State/respondent No.1. None appears for respondent No.2, despite filing of vakalatnama. Despite service of notice none appears on behalf of respondents No.3,4&5. ORDER (Passed on this 14th day of December, 2011) 1. By this petition, the petitioner seeks a direction to the respondents to issue the transfer certificate and no objection certificate to the petitioner's ward namely Ku. Swasti Mnila Sinha (daughter of the petitioner). 2. The brief facts, as projected by the petitioner, are that the daughter of the petitioner was admitted to BDS course in to respondent No.3 college, through proper pre-medical test conducted by the respondents No.1 & 2. She was regular in attending the college and had paid all the dues for'the first year. The entire expenditure of her college fee and hostel fee was incurred by her grand-mother. After death of grand- mother, the financial aid extended by her grand-mother was stopped. Having regard to the financial constraint, the petitioner admitted his daughter to a local college in Bilaspur, where, the petitioner resides with his family. The petitioner requested the respondent No.4 to grant no objection certificate and transfer certificate, which was declined. Thus, this petition. 3. Notice was issued to the respondents, despite service of notice, the respondents No.2, 3, 4 & 5 have chosen not to appear before the Court. The State counsel submits that under the rules, the daughter of the ,.•?•°" ......[;k "~i<&, i-^^ 2 petitioner is entitled to transfer certificate and no objection certificate, if all the dues have been cleared. 4. Having heard learned counsel appearing for the parties, it is evident that the daughter of the petitioner was admitted to first year BDS course and had appeared in the first year examination also. Thereafter, as projected by the petitioner, his daughter sought admission to other college due to financial problem. The migration of a student from one college to another is governed under the migration rules of Dental Council Regulations, 2007. 5. Migration rules reads as under: IV. Migration: (1) Migration from one dental college to another is not a right of a student. However, migration of students from one dental college to another dental college in India may be considered by the Dental Council of India. Only in exceptional cases on extreme compassionate grounds, provided the following criteria are fulfilled. Routine migrations on other ground shall not be allowed. (2) Both the colleges, i.e. one at which the student is studying at present and one to which migration is sought, are recognized by the Dental Council of India. (3) The applicant candidate should have passed first professional BDS examination. (4) The applicant candidate submits his application for migration, complete in all respects, to all authorities concerned within a period of one month of passing (declaration of results) the first professional Bachelor of Dental Surgery (BDS) examination. (5) The applicant candidate must submit an affidavit stating that he/she will pursue 240 days of prescribed study before appearing at llnd professional Bachelor or Dental Surgery (BDS) examination at the transferee dental college, which should be duly certified by the Registrar of the concerned University in which he/she is seeking transfer. The transfer will be applicable only after receipt ofthe affidavit. 6. On bare perusal of the relevant provision, it appears that the Dental Council of India may consider migration of students from one dental college to another dental college, on exceptional cases. This appears to ^ 'f %. '•w^./ ~~^:'!••--, .'^.•'••..y 3 be an exceptional case, since she was admitted to other college on account of afore-stated circumstances. The petitioner was required to take permission of Dental Council of India. 7. So far as grant of transfer certificate and no objection certificate is concerned, no condition has been attached to the same. The petitioner is not aggrieved by not admitting student of respondent No.4 & 5 college to a new college, but by non-grant of transfer certificate and no objection certificate. 8. Since, the respondents No.2, 3, 4 & 5 have failed to appear, the position is not very clear. However, there appears to be no restriction on issue of transfer certificate and no objection certificate. The respondents No. 4 & 5 are directed to issue the same forthwith, so that the studies of Ku. Swasti Mnila Sinha (daughter of the petitioner) may not suffer. 9. It is ordered accordingly. 10. For the reasons mentioned hereinabove, the writ petition is allowed. No order asto costs. 11. However, the petitioner is at liberty to make a representation for refund of security amount also, if so advised. Sd/- SATISH K. ANGNMOM Judge Ashok