Nirmaljit Kaur, J. - (1.) All the above mentioned writ petitions shall stand decided by this common order as the issue involved is identical. For convenience, the facts are being taken from S.B.Civil Writ Petition No.13776/2017 (Mahendra Mension & Ors. Vs. State of Raj. & Ors.). The petitioners are first year students of Bachelor of Dental Surgery (hereinafter referred to as "BDS") in the respondentCollege.
(2.) They have preferred the writ petition against the order dated 10.04.2017 passed by the Dental Council of India directing the respondents No.4-College to discharge the petitioners and other students on the ground that admissions were in violation of Dentists Act, 1948 since they were granted admission on the lower percentile and did not qualify National Eligibility-cumEntrance Test (NEET), 2016.
(3.) The Dental Council of India is a body constituted under the provisions of Dentists Act, 1948. In order to maintain the uniform standard of dental education at undergraduate and postgraduate level in the country, Dental Council of India, in exercise of rule making powers vested in it under Section 20 of the Dentists Act, has framed Revised BDS Course Regulations, 2007. In exercise of the powers conferred by Section 20 of the Dentists Act, 1948, the Regulations of 2007 were amended vide notification dated 31.05.2012. The eligibility criteria for selection to BDS course provided in the 5th Amendment of Regulations, 2007 is reproduced as under:- "6. In the existing Sub-regulation 5 of Regulation II, under the heading "Procedure for selection to BDS course" shall be as follows:-shall be deleted and substituted as under:- (i) There shall be a single eligibility-cum-entrance examination namely "National Eligibility-cum-Entrance Test for admission to BDS course" in each academic year." (ii) In order to be eligible for admission to BDS Course for a particular academic year, it shall be necessary for a candidate to obtain minimum of marks at 50th percentile in "National Eligibility-cum-Entrance Test to BDS course" held for the said academic years. However, in respect of candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, the minimum marks shall be at 40th percentile. In respect of candidates with locomotory disability of lower limbs terms of subregulation 4 above, after the commencement of these amendments, the minimum marks shall be at 45th percentile. The percentile shall be determined on the basis of highest marks secured in the All-India common merit list in "National Eligibility-cum-Entrance Test for admission to BDS course". Provided when sufficient number of candidates in the respective categories fail to secure minimum marks as prescribed in National Eligibility-cum-Entrance Test held for any academic year for admission to BDS Course, the Central Government in consultation with Dental Council of India may at its discretion lower the minimum marks required for admission to BDS Course for candidates belonging to respective categories and marks so lowered by the Central Government shall be applicable for the said academic year only. (iii) The reservation of seats in dental colleges for respective categories shall be as per applicable laws prevailing in States/Union Territories. An all India merit list as well as State-wise merit list of the eligible candidates shall be prepared on the basis of the marks obtained in National Eligibility-cum-Entrance Test and candidates shall be admitted to BDS course from the said lists only. (iv) No Candidate who has failed to obtain the minimum eligibility marks as prescribed in Clause (ii) above shall be admitted to BDS course in the said academic year. (v) All admissions to BDS course within the respective categories shall be based solely on marks obtained in the National Eligibility-cum-Entrance Test. (vi) To be eligible for admission to BDS course, a candidate must have passed in the subjects of Physics, Chemistry, Biology/ Biotechnology and English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry and Biology/Biotechnology at the qualifying examination as mentioned in Sub Regulation 2 of Regulation I and in addition must have come in the merit list of "National Eligibility-cum-Entrance Test" for admission to BDS course in respect of 'candidates belonging to Scheduled Castes, Scheduled Tribes or other Backward Classes' the minimum marks obtained in Physics, Chemistry and Biology/bio-technology taken together in qualifying examination shall be 40% instead of 50% in respect of candidates with locomotory disability of lower limbs in terms of sub-regulation 4, after the commencement of these amendments, of Regulation I above, the minimum marks in qualifying examination in Physics, Chemistry and Biology/Bio-technology taken together in qualifying examination shall be 45% instead of 50%. Provided that a candidate who has appeared in the qualifying examination the result of which has not been declared, he/she may be provisionally permitted to take up the National Eligibility-cum-Entrance Test and in case of selection for admission to the BDS Course, he/she shall not be admitted to that course until he fulfills the eligibility criteria under Regulation I. (vii)The Central Board of Secondary Education shall be the organization to conduct National Eligibility-cumEntrance Test for admission to BDS course.";