NEET 2020: SC Relief to BDS aspirants, lowers admission cutoff by 10 percentile

Thus, the proviso clarifies clearly that the Central Government has the discretion to lower the minimum marks required for admission to BDS course in consultation with the Dental Council of India when sufficient number of candidates in the respective categories fail to secure minimum marks in the NEET entrance test.

The court observed that there had been no dispute that on 06-09-2019 the first Respondent lowered the qualifying cut off percentile for NEET (UG) 2019 for admission to BDS course by 10.00 percentile for each category i.e. General, SC/ST/OBC, and persons with locomotor disability of lower limbs.

DCI, in a letter dated 28.12.2020 proposed that the percentile for admission to BDS course in Dental colleges should be lowered by 20 percentile for each category, had stated that only 7,71,500 students qualified for admission to MBBS/BDS, (UG) AYUSH, and other UG medical courses for the year 2020-2021.

DCI further clarified that the students qualified had not been commensurate with the sanctioned admission capacity in different courses like MBBS, BDS, (UG) AYUSH, and other UG medical courses. However, the Centre had taken the decision to not lowering the minimum marks required for admission to the BDS course.

Mentioning that "Judicial review of administrative action is permissible on grounds of illegality, irrationality, and procedural impropriety", the apex court argued that an administrative decision would be called flawed if "it is illegal".

The Court further clarified that a decision would be illegal "if it pursues an objective other than that for which the power to make the decision was conferred."

In this regard, the apex court had referred to R. vs. St. Pancras Vestry 3 in which it was held, "If people who have to exercise a public duty by exercising their discretion take into account maters which the Courts consider not to be proper for the exercise of their discretion, then in the eye of law they have not exercised their discretion".

The Supreme Court further observed that the "Central Government cannot pursue any purpose other than the one specified in the proviso to Regulation II (5) (ii)."

While looking at the three reasons given for the decision not to lower minimum marks, the Court observed that the calculation of the first Respondent for the eligible candidates for every available seat had been faulty as it hadn't taken into account the fact that NEET (UG) 2020 is conducted for admission into different courses like MBBS, BDS, UG AYUSH and other medical courses.

After taking into account all the facts, the Court observed that "total number of seats available for the academic year 2020-2021 for MBBS are 91,367, BDS are 26,949 and AYUSH are 52,720 making it a total of 1,71,036 seats. Whereas, the NEET qualified candidates are 7,71,500. The ratio of seats available vis-à-vis eligible students is 1 : 4.5 and not 7."

In this respect, the court observed that "the decision which materially suffers from the blemish of overlooking or ignoring, wilfully or otherwise, vital facts."

The court further observed

"the decision of the first respondent was propelled by extraneous considerations like sufficient number of Dentists being available in the country and the reasons for which students were not inclined to get admitted to BDS course which remits in the decision being unreasonable."

The apex court further mentioned that "while arriving at a decision on 30.12.2020 not to lower the minimum marks it does not appear that the first Respondent has consulted the second Respondent in accordance with the proviso to Sub-Regulation (ii) of the Regulation II."

Mentioning that the Centre had reduced cut off marks for the admission to super specialty courses, the court opined

"If reducing minimum marks amounts to lowering the standards, the first Respondent would not do so for super specialty courses. We are in agreement with Mr. Maninder Singh learned Senior Counsel for the Petitioners that lowering the minimum marks and reducing percentile for admission to the first-year BDS course would not amount to lowering the standards of education."

The court had not been impressed by the argument that having a sufficient number of dentists available in the country wouldn't harm in the seats being unfilled. However, the court mentioned that only 265 out of 7,000 seats had been vacant in government colleges. The rest of the seats had been in the Private colleges. Thus the court found "force in the submission made by the learned Additional Solicitor General that the fee charged by the private dental colleges is a deterrent for the seats not being filled up."

Based on this, the court opined that the "Managements of private Dental Colleges shall consider reducing the fee charged by them to encourage students to join the Colleges.""

The court addressed submission made by the centre that as per an order passed by the Court in Union of India v. Federation of Self-Financed Ayurvedic Colleges, Punjab, (2020) SCC 115, which had stated that "non-availability of eligible candidates for admission to AYUSH (UG) courses cannot be a reason to lower the standards prescribed by the Central Council for admission." However, the Court opined that "facts of this case are entirely different as the Dental Council of India itself recommended for lowering the minimum marks and the Regulations provide for lowering the minimum marks."

Based on all these arguments the apex court had set aside the decision of the Centre not lowering the marks s for admission to BDS course as "s it suffers from the vices of illegality and irrationality."

The apex court judgment stated,

"We direct that the vacant seats in first year BDS course for the year 2020-2021 shall be filled up from the candidates who have participated in the NEET (UG) courses for the year 2020-2021 after lowering the percentile mark by 10 percentile. The candidates belonging to the general category who have secured 40 percentile shall be eligible to be considered for admission in the first year BDS course for the year 2020-2021. Likewise, students belonging to the SC/ST/OBC categories shall be qualified if they have secured 30 percentile. In so far as General candidates with benchmark disabilities specified under the Rights of Persons with Disabilities Act, 2016, they would be eligible if they have secured 35 percentile. The admissions shall be made strictly in accordance with merit and the admission process shall be completed by 18.02.2021. Any other student who has qualified in NEET (UG) - 2020 even without lowering the minimum marks and is willing to participate in the admission process shall also be considered for admission to BDS course."