SC regularizes BDS Degrees of NEET UG 2016-17 Admitted Students

SC gives relief to BDS students admitted in NEET UG 2016–17 by regularising their degrees. Private colleges and the Rajasthan government face penalties for violating admission rules.

Supreme Court Regularize BDS 2016-17 Admission: The Supreme Court has provided major relief to students who were admitted to Bachelor of Dental Surgery (BDS) courses in private dental colleges in Rajasthan during the NEET UG 2016–17 academic year. These students were admitted after the relaxation of the minimum qualifying percentile in NEET, which later came under legal challenge. Considering that the students had already completed their course and obtained degrees, the apex court decided to regularise their admissions to avoid causing further hardship to them.

A bench comprising Justices J.K. Maheswari and Vijay Bishnoi invoked the provisions of Article 142 of the Constitution, enabling the Supreme Court to pass any orders for doing “complete justice” in extraordinary situations. The court said the students should not be allowed to waste their years of hard work , effort, and spending time to get a BDS degree. At the same time, it has been undoubtedly stated that relief is granted only in the special facts of the case and is not to be treated as a precedent in any future admission. While helping the students, the court came down heavily on the private dental colleges and the Rajasthan government for violating admission norms. It was observed that the colleges had willfully breached the 2007 Regulations by admitting students below the prescribed NEET cut-off. The bench also criticised the state government for granting relaxation in qualifying percentiles without having any legal authority to do so.

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The Supreme Court reiterated that admissions to MBBS and BDS courses in both government and private institutions must strictly be based on NEET merit. As per rules, the minimum qualifying percentile is 50th for unreserved candidates, 40th for SC/ST/OBC candidates, and 45th for candidates with locomotory disability. Any reduction in these cut-offs can be done only by the Central government, in consultation with the Dental Council of India, and not by state governments.

To ensure accountability, the apex court imposed heavy penalties on the erring institutions and authorities. Each private dental college involved has been directed to deposit Rs. 10 crore, while the Rajasthan government must deposit Rs. 10 lakh with the Rajasthan State Legal Services Authority . The interest earned from this amount will be used for the welfare and improvement of One Stop Centres, Nari Niketans, Old Age Homes, and Child Care Institutions in the state.

Moreover, the court has also directed the students who have benefited from this order to submit an undertaking before the Rajasthan High Court . They need to provide pro bono services in the state of Rajasthan in the event of natural calamities, disasters or medical emergencies for a maximum period of two years in their life. The apex court said that although the students were being saved, stiff action is required to maintain the standards and sanctity of medical education in the country.

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