No relief for 16 students admitted without NEET MDS qualification, HC slaps Rs 25 lakh fine on Dental College

The bench comprising Chief Justice Pankaj Mithal and Justice Anoop Kumar Dhand reprimanded the Rajasthan University of Health Sciences (RUHS) and the concerned dental college for distributing the degree of MDS Course to the candidates in violation of the order passed by the court earlier. It further slammed the candidates for receiving the degrees despite being well aware of the order issued in 2020, and directed them to deposit the degrees with the University within one month from November 25, 2022.

The court further warned them of contempt proceedings by the University if they fail to deposit the same.

The concerned 16 petitioners had been admitted in the MDS course by Kota based Daswani Dental College back in 2017 and it was completed back in January 2020. Although they had appeared in NEET PG examination for the MDS course, they had failed to obtain the qualifying marks. Among the 16, only two of them qualified but did not participate in the centralized counselling. Meanwhile, due to the high cut-off several dental seats remained vacant and the private medical colleges had filled up these seats by themselves. Similarly, the petitioner students had also been admitted to the concerned Dental college after the Mop up round.

Medical Dialogues team had earlier reported that these students had not been admitted after qualifying NEET, as per the scorecard issued by the National Board of Examinations (NBE) they were found to be qualified on the basis of revised All India MDS ranking.

However, it was noted that the enrollment forms, filled in by the petitioners in the University, reflected the marks of the petitioners and the same were at variance/different, as per the record available with the NEET PG Admission/Counseling Board.

Later the concerned dental college had uploaded the list of the students, admitted in the MDS course on the portal of the Dental Council of India (DCI). Following this, the Dental Council of India (DCI) in its meeting dated 23.08.2018 had decided to discharge those 16 students and a copy of the said decision had been sent to the concerned college as well.

Despite such a direction, the college did not discharge the petitioner MDS students and cancelled their admissions.

Also Read: 16 Students Admitted Without NEET MDS Qualification: HC Refuses To Regularise Admissions, Orders Rs 10 Lakh Compensation Each

At this juncture, the students submitted a writ petition before the learned Single Bench seeking directions against the University to participate in MDS Final Year (Main) Examination to be held in June 2020, without disclosing the complete facts. The learned Single Judge allowed the petitioners to provisionally fill the examination forms to participate in MDS Final Year Examination.

Against the said order dated 15.06.2020, the University submitted special aapeal before the Court and the same was dismissed with a direction that the result of the students shall not be declared by the University without direction of the Single Judge and their examination shall be subject to decision of the writ petition.

Thereafter, the students submitted another writ petition praying that their admission in MDS Course, 2017 was valid without requirement of being taken through NEET PG. They also prayed for quashing the DCI orders/letters with the declaration that they were validly admitted in the concerned college, and they are not liable to be discharged from the MDS Course. However, after hearing the arguments, the Single Judge dismissed both the petitions.

Feeling aggrieved and dissatisfied by the impugned judgment, the 16 aspirants recently submitted two special appeals before the court.

The counsel for the petitioners submitted that, "the students have completed their MDS Course and cancellation of their admission at this stage would not serve any useful purpose and no prejudice would be caused to any other students."

He further added in his contention that;

"No illegality has been committed by the respondent-College while admitting the appellants in MDS Course from open quota after mop up round. NEET Notification, 2017 was issued in November 2017, while the admissions were given in May 2017, as per the previous prevailing norms."

Arguing, the counsel for the University and the DCI said that, "The admitted position is that the petitioners did not undergo the centralised counselling and they were well aware from day one that their admission in the respondent-College was irregular and illegal. Despite this, they continued at their own peril. Hence, they cannot claim equity in their favour."

The counsel added that in-spite of specific restraint and directions of the Court, the degrees of MDS Course were distributed to the petitioners in utter violation of the earlier order. Meanwhile, the counsel for DCI sought appropriate orders be passed stating that the petitioners may misuse their degrees.

Hearing the facts of the case, the court observed;

"The admissions were given to the appellants outside the centralized counselling conducted by the PG Medical/Dental Admission Board. The admissions were granted to the appellants by crossing and exceeding the jurisdiction by the respondent- College which was not vested in it. Obviously, the admissions were granted to the appellants collusively, as they were under the teeth of the judgment of the Hon'ble Supreme Court in the case of Modern Dental and Research College (supra)."

It added;

"We find no force in the arguments of the counsel for the appellants and the respondent-College that when sufficient number of seats remained vacant, the same were required to be filled in as per the prevailing past practice because the appellants were neither registered with the State NEET PG Dental Admission/Counselling Board, nor they qualified the NEET examination which was mandatory to get admission in MDS Course."

In view of the discussions, the court found that;

"The petitioners did not undergo the centralized counselling and they were well aware from the day one that their admission in the respondent-college was irregular and illegal- being in the teeth of the judgments of the Hon'ble Apex Court in the cases of Modern Dental Medical College (supra) & Jainarayan Chouksey (supra). The appellants are not entitled to get any equitable relief in view of the judgment of the Hon'ble Apex Court in the case of Abdul Ahad (supra)."

Under these circumstances, the bench remarked that no ground has been made out for granting relief to the petitioners. It eventually dismissed the plea observing that there is no merit in the appeals.

However, it clarified that the petitioners would be at liberty to proceed against the concerned college to get the amount of compensation of Rs10,00,000/- (each) in pursuance of the directions issued by the Single Judge in accordance with law.

Subsequently, the bench said;

"Before parting with the judgment, we would like to observe that the time has come where such backdoor entries in educational institutions should be stopped and discouraged. To permit any backdoor entry to any educational institution would be de hors the Rules and Regulations. The respondent-College was well aware of the fact that admissions cannot be granted to the appellants contrary to the regulations, even then, the College permitted the appellants to continue their studies in-spite of the (28 of 28) [SAW-1046/2022] directions by the Dental Medical Council to discharge the appellants. Such an intentional and deliberate violation of the Regulations by the respondent-College while granting admissions to the appellants in the academic year-2017 cannot be condoned. Hence, for the above unauthorized act, the respondent-College is liable to pay and deposit the costs of Rs. 25,00,000/- with the Rajasthan State Legal Services Authority (RSLSA) within a period of three months from today. RSLSA shall recover the same from the respondent-College in accordance with law."

Pronouncing its order, the court held;

"The respondent-University and the College have distributed the degrees of MDS Course to the appellants in violation of the orders passed by this Court and the appellants, despite being well aware of the order dated 24.06.2020, have received the degrees and not deposited the same with the University, the appellants are hereby directed to deposit the degrees with the University within one month from today, failing which the respondent-University would be at liberty to initiate contempt proceedings against the appellants."

To view the original order, click on the link below:

https://indiankanoon.org/doc/126057535/