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Cervical spondylitis: Karnataka HC upholds order on BDS student transfer to another dental college


Cervical spondylitis: Karnataka HC upholds order on BDS student transfer to another dental college

The DCI criterion for transfer/ migration  recognized only two conditions for allowing migration:

  • Death of a supporting guardian 
  • the area in which the college is located is declared as disturbed by the government

Bengaluru: A dental surgery student suffering from cervical spondylitis and advised bed rest who had requested the Karnataka High court for a college transfer in order to avoid distant travelling has been given a sympathetic stance, which stated that a failing health condition does call for the plea to be considered.

A division bench headed by Chief Justice Dinesh Maheshwari made this observation while dismissing the Dental Council of India’s (DCI) writ appeal filed against a single bench’s order, giving directions to it to consider the transfer request of Trishanti MN, 20, from a Bengaluru college to another at a closer destination.

Trishanti, a BDS student hailing from Thirthahalli, Shivamogga district and a BDS student at Maruthi College of Dental Sciences and Research Centre, near south Bengaluru, managed a no objection certificate for migrating to Vokkaligara Sangha Dental College and Hospital, VV Puram, Bengaluru.

She was pro this shift to VV Puram College for the hostel facilities it offered and its close proximity to  KIMS hospital where she is under treatment.

To the court, the reason to avail hostel facility and avoid traveling as per medical advice seemed reasons genuine enough to be granted the transfer. This the division bench observed while upholding the single bench’s order.

It was after the DCI rejected her plea of transfer on November 24, 2017 that Trishanti approached the High Court. Despite acknowledging that the student suffered from cervical spondylitis, the DCI refused to look at the case compassionately as according to the body, the ailment did not fall within the compassionate grounds defined in Revised BDS Regulations 2007 so as to allow migration from one college to another

 The DCI criterion for transfer/ migration  recognized only two conditions for allowing migration:

  • Death of a supporting guardian or
  • the area in which the college is located is declared as disturbed by the government

The above two reasons according to the DCI fell within the compassionate grounds defined in Revised BDS Regulations 2007 so as to allow migration from one college to another.

On April 3, 2018, the single bench disapproving the endorsement issued by the DCI, declining Trishanti’s plea said the fact that both colleges had given consent and a decision of the Madras High Court in a similar matter permitting migration on medical grounds was already on record, the single bench had decided to  direct the DCI to consider her case.

The single bench also gave a wider view on compassionate grounds criteria stating that it could not be restricted to one or two specific circumstances.


Source: with inputs
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