In a significant ruling that balances relief with accountability, the Supreme Court of India has regularised the Bachelor of Dental Surgery (BDS) degrees of students who were admitted to private colleges in Rajasthan with a relaxation in the mandatory NEET percentile for the 2016-17 academic year. However, the apex court came down heavily on the erring institutions and the state government, imposing substantial penalties for flouting admission norms.
A Conditional Reprieve for Students
The bench of Justices J K Maheswari and Vijay Bishnoi, exercising its extraordinary powers under Article 142 of the Constitution, decided to save the careers of the affected students. The Court acknowledged the years of effort and resources the students had already invested in completing their degrees. Their admissions and subsequently awarded BDS degrees now stand regularised.
This relief, however, comes with a unique and stringent condition. Each student benefiting from this order must file a formal undertaking before the Registrar (Judicial) of the Rajasthan High Court in Jodhpur within eight weeks. In this undertaking, they must pledge to provide pro-bono dental service in Rajasthan for a cumulative period of up to two years in their lifetime. This service would be required during declared emergencies such as natural calamities, man-made disasters, or health crises.
The Court made it clear that failure to submit this affidavit within the stipulated time would lead to the matter being brought back before it for further directions, potentially jeopardising the degree regularisation.
Heavy Penalties on Colleges and State Government
While showing compassion to the students, the Supreme Court expressed strong disapproval of the conduct of the private dental colleges and the Rajasthan government. The bench stated that the colleges committed "blatant illegality and willful violation" of the Dental Council of India's 2007 Regulations by admitting students beyond the permitted percentile relaxation.
As a punitive measure, the Court has directed each of the 11 implicated private dental colleges to deposit a cost of ₹10 crore with the Rajasthan State Legal Services Authority (RSLSA) within eight weeks. Simultaneously, the Rajasthan government has been directed to deposit ₹10 lakh for its role in granting relaxations without proper authority and failing to communicate central decisions to the colleges in time.
The funds are to be invested in a fixed deposit, and the interest accrued will be used exclusively for the maintenance and upgradation of One Stop Centres, Nari Niketans, Old Age Homes, and Child Care Institutions across Rajasthan. A committee of five judges from the Rajasthan High Court, including at least one woman judge, will advise on the utilisation of these funds.
Reaffirmation of NEET Merit Principle
The judgment strongly reaffirmed the primacy of the National Eligibility-cum-Entrance Test (NEET) as the sole basis for medical and dental admissions. Citing a 2016 verdict, the bench emphasised that all admissions must strictly conform to NEET standards to safeguard merit.
The Court clarified the legal position on percentile relaxation. The minimum qualifying percentile for BDS is 50 for the unreserved category, 40 for SC/ST/OBC candidates, and 45 for those with locomotory disability of the lower limbs. The power to reduce this percentile, if sufficient candidates do not meet the cut-off in a given year, rests solely with the Central Government in consultation with the Dental Council of India (DCI). The Court firmly stated that state governments or any other authority cannot exercise this power, as was done in this case.
The Supreme Court concluded by noting that its directions were issued under the unique circumstances of this case to prevent the wastage of the students' efforts and should not be treated as a precedent for future violations of admission norms.
