Securing admission on the recommendation of a minister proved costly for a second-year BDS student of Himachal Pradesh.
Securing admission on the recommendation of a minister proved costly for a second-year BDS student of Himachal Pradesh, who had to move the Supreme Court after the state High Court quashed her admission.
Taking a lenient view, a bench of chief justice KG Balakrishnan and justice P Sathasivam has directed that Parul Tanwar be allowed to appear for her August 25 second-year Bachelor of Dental Surgery (BDS) exam, subject to the final outcome of the SLP filed by her in the court.
Parul moved the apex court through senior counsel JS Attri after the high court quashed the decision of the state government to allow her to migrate from the private Himachal Institute of Dental Sciences, Paonta Sahib to the Government Dental College, Shimla from 2009-10 academic year on the recommendations of the state health minister Rajiv Bindal.
"The minister in charge in all fairness should have returned the application for being filed before the proper authority. He instead chose to make a positive recommendation in favour of Ms Parul Tanwar. It is obvious that his recommendation was made without even caring to see whether Parul Tanwar was even eligible for migration or not," the high court had observed.
Though rules permitted migration only on the fulfillment of certain condition, the same was reportedly breached after the minister recommended Parul's case.
"The case of Parul Tanwar is a clear reflection of the shocking state of affairs where all laws, rules and regulations are thrown to the wind by senior officials of the state just to accommodate one person," a division bench of the high court had observed while quashing her migration to the government college.
According to rules, the migration can be granted from a private college to a government college only under "extreme compassionate ground" like death of the student's family's breadwinner.
But the girl was allowed to migrate on the mere recommendation of the minister which was challenged by certain other aggrieved students. Even before her migration, she was allowed to attend the second-year classes in the government college on the minister's recommendation.
The only plea for transfer taken by the girl was that she was in a disturbed state of mind after she made statements to the police against certain faculty members of the private college, where one of her roommates committed suicide.
The high court noted that even though the principal of the college and other authorities initially did not agree for the migration as the girl did not fulfill the eligibility criteria, yet the minister chose to push through her case because of his status.
She was allowed to attend classes in the government college even though her migration was not formalised.
"She at the behest of certain high-up was permitted to attend classes and appear in the examination at Government Dental College, Shimla. Her case was not covered under the DCI regulations since only a person who had passed first year examination could be considered for migration," the high court has observed.
Aggrieved by the order, the girl had filed a special leave petition in the apex court.
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