Ms.S. Mohammedi Aliya Taj Vs the Dental Council of India

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NC: 2025:KHC:14619 WP No. 34017 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No. 34017 OF 2024 (EDN-RES)

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BETWEEN:

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MS.S. MOHAMMEDI ALIYA TAJ, D/O. S. MOHAMMED ASLAM, AGED ABOUT 21 YEARS, R/AT No.DOOR NO.76, WARD NO.10, RUPANAGUDI ROAD, REHAMANIYA RICE MILL, BALLARI-583 101.

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PRESENTLY STUDYING AT RAJA RAJESHWARI DENTAL COLLEGE AND HOSPITAL, NO.14, RAMOHALLI CROSS, KUMBALAGODU, MYSURU ROAD, BENGALURU-560 074.

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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(BY SRI RAJANEESH C M, ADVOCATE)

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AND:

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…PETITIONER

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THE DENTAL COUNCIL OF INDIA NATIONAL DENTAL COUNCIL BUILDING PLOT No.14, SECTOR-9 R K PURAM NEW DELHI -110 022. REPRESENTED BY ITS SECRETARY.

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^{TH '} T' BLOCK, JAYANAGAR

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NC: 2025:KHC:14619 WP No. 34017 of 2024

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BENGALURU - 560 041. REPRESENTED BY ITS REGISTRAR.

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THE DIRECTOR OF MEDICAL EDUCATION, BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING) I^ST FLOOR, FORT, K R ROAD, K.R. ROAD, BENGALURU - 560 002. REPRESENTED BY ITS DIRECTOR.

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THE GOVERNMENT DENTAL COLLEGE & RESEARCH INSTITUTE VIMS CAMPUS, CONTONMENT BALLARI - 583 101. REPRESENTED BY ITS DEAN. (AMENDED AS PER THE ORDER DATED 11.03.2025)

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…RESPONDENTS

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(BY SRI. ADITYA BHAT, ADVOCATE FOR R1, SMT. FARAH FATHIMA, ADVOCATE FOR R2 SRI. SUDEV HEGDE, AGA FOR R3, R4- SERVED BUT UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED:02.12.2024 BEARING No. DCI/PDMS/MISC/NOC/MGRTN/114/2024-25/2024/8229 ISSUED BY THE R-1 VIDE ANNX-G AND DIRECTING THE R-1 DENTAL COUNCIL OF INDIA TO APPROVE THE MIGRATION OF THE PETITIONER FROM RAJA RAJESHWARI DENTAL COLLEGE, BENGALURU TO GOVT DENTAL COLLEGE AND RESEARCH INSTITUTE VIMS CAMPUS CANTONMENT BALLARI.

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THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks the following reliefs:

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" (a) Quash the communication dated 02.12.2024

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bearing No. DCI/PDMS/Misc/NOC/Mgrtn/114/2024-

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3 - NC: 2025:KHC:14619 WP No. 34017 of 2024

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25/2024/8229 issued by the Respondent No.1 vide Annexure-G.

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(b) Issue writ of in the nature of Mandamus directing the 1st Respondent Dental Council of India to approve the migration of the Petitioner from Raja Rajeshwari Dental College, Bengaluru, to Government Dental College and Research Institute, VIMS Campus, Cantonment, Ballari.

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(c) Grant such other relief or consequential relief as this Hon'ble Court deems fit in the facts and circumstance of the case in the interest of justice and equity.

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Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 and 2 and learned Addl.Government Advocate for respondent No.3 and perused the material on record. Respondent No.4 is served, but unrepresented.

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A perusal of the material on record will indicate that the petitioner had got admission to Raja Rajeshwari Dental College & Hospital, Bengaluru, for BDS course, which was affiliated to respondent No.2 - Rajiv Gandhi University of Health Sciences and approved by respondent No.1 - Dental Council of India. It is the specific contention of the petitioner that she is suffering from occasional chest tightness due to dust allergy and chilly weather at Bengaluru and therefore, she wants to migrate from Raja Rajeshwari Dental College to respondent No.4 -Government Dental College & Research Institute, Ballari. It is submitted that vide

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4 - NC: 2025:KHC:14619 WP No. 34017 of 2024

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Annexure-`E' dated 22.11.2024, the respondent No.4-College has categorically stated that the sanctioned strength for 1^st year BDS is 63 and present 2^nd year BDS are 59, which is sufficient to consider the request of the petitioner to migrate from Bengaluru to Ballari. It is also submitted that the transferor college has issued NOC dated 03.12.2022 vide Annexure-F, stating that it has no objection to the petitioner to migrate from Bengaluru to Ballari.

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Learned counsel further submits that when request for migration was put forth by the petitioner to the respondent No.1Dental Council of India, respondent No.1 issued a communication dated 02.12.2024, pursuant to which, no action was taken, as such, the petitioner is before this Court by way of present petition.

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Per contra, learned counsel for respondent No.1-Dental Council of India submitted that it is only after both the transferor college at Bengaluru and transferee college at Ballari give No Objection Certificate/NOC that the petitioner would be entitled to seek migration and the same will be considered by respondent No.1 in accordance with law.

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5 - NC: 2025:KHC:14619 WP No. 34017 of 2024

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As stated supra , though respondent No.4-College is served with the notice, but they have chosen to remain unrepresented and have not contested the case. In the circumstances, I deem it just and proper to dispose of the petition by issuing certain directions.

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In the result, pass the following:

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ORDER

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(i) The respondent No.4- Government Dental College & Research Institute, Ballari, is directed to consider the request of the petitioner for grant NOC for her migration from Raja Rajeshwari Dental College, Benglauru, to Government Dental College & Research Institute, Ballari, within a period of two weeks from the date of receipt of copy of this order.

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(ii) It is further directed that, pursuant to NOC, if any, given by the respondent No.4-College, the petitioner shall submit the same along with NOC already given by the Raja Rajeshwari Dental College, Bengaluru, to respondent No.1-Dental Council of India, which shall consider the request of the petitioner for migration from Bengaluru to Ballari in accordance with law and take appropriate

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6 - NC: 2025:KHC:14619 WP No. 34017 of 2024

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decision/pass appropriate orders, within a period of four weeks from the date of petitioner submitting the said NOC from both the colleges along with written representation in this regard.

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Subject to the aforesaid directions, the Petition stands disposed of .

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It is made clear that the present order is passed in the peculiar / special facts and circumstances of the instant case and shall not be treated as a precedent nor have any precedential value for any purpose whatsoever.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BK List No.: 1 Sl No.: 73

Ms.S. Mohammedi Aliya Taj v. the Dental Council of India

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Ms.S. Mohammedi Aliya Taj v. the Dental Council of India

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