Huluvadi G. Ramesh, J.

Heard the learned counsel appearing for the parties.

2. The writ appeal is filed challenging the order of the learned Single Judge dated 23.11.2015 passed in W.P.No.17231 of 2015 whereby the first respondent herein, being a Dental Student of fourth respondent herein, was granted the relief of transfer to any one of Government Dental Colleges at Chennai.

3. The case of the writ petitioner/first respondent herein is that he had applied for MBBS/BDS admission in the year 2014, and he had secured 195 marks and he was allotted 5753 rank. The grievance of the petitioner is that though he is eligible to get a seat in Government Dental College, he was offered a seat only in a private college which was only due to improper selection procedure adopted by the respondents and hence, he sought for migration/transfer to any one of Government Dental Colleges.

4. The learned Single Judge, relying upon the orders passed in W.P.Nos.17612 and 17613 of 2015 dated 18.9.2015, disposed of the writ petition with a direction to appellants 1 and 2 herein to consider the case of the petitioner and accommodate him in any one of the Government Dental Colleges for BDS course, This order is under challenge in the writ appeal.

5. Counters have been filed by respondents 1, 2 and 4. It is the contention of the appellant that the first respondent has sought transfer from Private Dental College to Government Dental College. It is submitted that the first respondent was allotted seat on the basis of merit, wherein the first respondent had secured 5753 rank with a cut off mark of 195. The last of the candidate admitted to the Government Dental College under the BC quota secured 1791 rank and the general candidate secured 2551 rank with a cut off of 197.5 marks. It is the submission of the appellant that there are 1751 candidates between the first respondent and the last candidate, who was offered seat in the Government College. In such circumstances, it is submitted by the appellant that the relief of transfer sought for by way of migration from private dental college to Government Dental cannot be granted.

6. Heard the learned Special Government Pleader appearing for the appellant and the learned senior counsel appearing for the first respondent and the learned counsel appearing for the third respondent and perused the materials available on record.

7. The facts, as narrated above, are not in dispute. It is trite law that no vested right is created on a student to claim migration from one private college to a Government College. In the case on hand, migration is sought for by the first respondent. Chapter IV of the 2007 Regulations of the Dental Council of India prescribes exceptional circumstances whereby migration is permitted on compassionate grounds. It further mandates that routine migrations on grounds other than what has been enumerated cannot be granted. The compassionate grounds under which migration is permissible are :-

(i) Death of supporting guardian ; and

(ii) Disturbed conditions as declared by Government in the Dental College area;

8. A cursory perusal of the Regulations coupled with the documents available in the typed set of records reveal that neither of the conditions enumerated under the head of compassionate appointment is attracted to the case of the first respondent. The first respondent does not come within the zone of consideration of compassionate appointment for being considered for migration.

9. Be that as it may. It is to be further pointed out that even with regard to the cut off marks and the rank obtained on the basis of merit, the 1st respondent does not fall within the bracket that would entail him a chance to seek for migration. The 1st respondent not having satisfied any of the conditions stipulated for compassionate consideration for migration to a Government Dental College and at the same stretch having not come within the cut off marks/ranks in the merit list cannot seek for a direction from this Court