HARSHIT AGARWAL AND OTHERS Vs. UNION OF INDIA AND OTHERS
LAWS(SC)-2021-2-19
SUPREME COURT OF INDIA
Decided on February 08,2021

Harshit Agarwal And Others Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

L.NAGESWARA RAO, J. - (1.) The Petitioners in Writ Petition No. 54 of 2021 are students who appeared in the National Eligibility-cum-Entrance Test (NEET) examination 2020 for admission to the first year of Bachelor of Dental Surgery (BDS) conducted on 13-09-2020. They did not obtain the minimum marks prescribed by Sub-Regulation (ii) of Regulation II of the Dental Council of India, Revised BDS Course Regulations, 2007 (hereinafter, 'the Regulations'). Therefore, they were not eligible for admission to BDS course. The second Respondent Dental Council of India, recommended the lowering of qualifying cut off percentile for admission to BDS course for the academic year 2020-2021.
(2.) The Petitioners submitted a representation to Respondent No.1 seeking to lower the qualifying cut off percentile on the recommendation of the Executive Committee of Respondent No.2. The recommendation of the Executive Committee was not accepted by the first Respondent. Having no other alternative, the Petitioners have filed these Writ Petitions under Article 32 of the Constitution of India.
(3.) The Petitioners in Writ Petition No. 95 of 2021 are Dental Colleges from the State of Andhra Pradesh seeking a similar direction to lower the minimum marks for NEET examination, 2020 for admission to BDS course by 20 percentile in each category based on the recommendation of Respondent No.2.;


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