Rajasthan High Court - Jodhpur
The Rajasthan Dental College And ... vs State Of Rajasthan on 10 April, 2023
Bench: Pushpendra Singh Bhati, Yogendra Kumar Purohit
(1 of 7) [SAW-911/2018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Spl. Appl. Writ No. 911/2018
Harsh Raj Verma And Ors.
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
Connected With
D.B. Spl. Appl. Writ No. 957/2018
Vyas Dental College And Hospital,jodhpur
----Appellant
Versus
State And Ors
----Respondent
D.B. Spl. Appl. Writ No. 958/2018
Aarti Sharma And Ors.
----Appellant
Versus
State And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 959/2018
A. Roselind Roveni And Ors.
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 963/2018
Mahendra Mension And Ors.
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 964/2018
Shubham Gupta And Ors.
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
(Downloaded on 12/04/2023 at 11:49:50 PM)
(2 of 7) [SAW-911/2018]
D.B. Spl. Appl. Writ No. 1155/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan And Ors.q
----Respondent
D.B. Spl. Appl. Writ No. 1184/2018
Shubhika Singhvi
----Appellant
Versus
State Of Rajasthan
----Respondent
D.B. Spl. Appl. Writ No. 1272/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 1273/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan
----Respondent
D.B. Spl. Appl. Writ No. 1286/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan
----Respondent
D.B. Spl. Appl. Writ No. 1287/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan
----Respondent
D.B. Spl. Appl. Writ No. 1288/2018
The Dental Council Of India
----Appellant
Versus
(Downloaded on 12/04/2023 at 11:49:50 PM)
(3 of 7) [SAW-911/2018]
State Of Rajasthan And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 1289/2018
Dental Council Of India,
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 1308/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 1310/2018
The Dental Council Of India,
----Appellant
Versus
State Of Rajasthan
----Respondent
D.B. Spl. Appl. Writ No. 1311/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 1316/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan
----Respondent
D.B. Spl. Appl. Writ No. 1317/2018
The Dental Council Of India
----Appellant
Versus
State Of Rajasthan
----Respondent
(Downloaded on 12/04/2023 at 11:49:50 PM)
(4 of 7) [SAW-911/2018]
D.B. Spl. Appl. Writ No. 1340/2018
Aarushi Trehan
----Appellant
Versus
State Of Rajasthan And Ors.
----Respondent
D.B. Spl. Appl. Writ No. 1349/2018
The Rajasthan Dental College And Hospital
----Appellant
Versus
State Of Rajasthan
----Respondent
D.B. Spl. Appl. Writ No. 1749/2018
Sewoj Bharali
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Vikas Balia, Sr. Adv. assisted by
Mr. Sachin Saraswat.
Mr. Abhishek Pareek.
Dr. A.A. Bhansali.
Mr. Ankur Mathur.
For Respondent(s) : Mr. Mukesh Rajpurohit, Dy.SG.
Mrs. Vandana Bhansali, AGC (on VC).
Mr. Ravi Bhansali, Sr. Adv. assisted by
Mr. Vipul Dharnia & Mr. Udit Mathur.
Mr. Manoj Bhandari, Sr. Adv. assisted
by Mr. Aniket Tater.
Mr. Akhilesh Rajpurohit.
Mr. Sanjay Nahar.
Mr. Abhinav Jain.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Order 10/04/2023 The matters come up on applications for passing further directions in favour of the students, who have completed their (Downloaded on 12/04/2023 at 11:49:50 PM) (5 of 7) [SAW-911/2018] B.D.S. Course, after taking admission in the Academic Year 2016-
17. The controversy, in brief, is that while the admissions were open, the students appeared in the National Eligibility cum Entrance Test (NEET) 2016 conducted by the Central Board of Secondary Education (CBSE) against 892 seats earmarked for B.D.S. Course in 11 different Dental Colleges; out of which, only 225 seats could be filled. Thus, a large number of seats remained vacant, despite repeated counselling.
The Central Government, which had to take the necessary decision regarding any relaxation in respect of admissions in the Course in question, delegated the said task to the State of Rajasthan. The State of Rajasthan took a decision on 30.09.2016, reducing the percentile to the extent of 10%, and then further on 04.10.2016, by 5% relaxation in percentile.
One set of students, who are before this Court, are those, who, by means of the relaxation granted by the State, took admission in the Course in question, and the other set of students are those, who were granted admission by the concerned Colleges on their own, while applying the criteria of merit with reference to the marks obtained at 10+2 level, even beyond the criteria laid down by the State. The admissions granted to the students of both the categories are protected by an interim order passed by a Division Bench of this Hon'ble Court on 03.08.2018.
The learned Single Judge had allowed the admission to the students, who have been given the benefits as per the State (Downloaded on 12/04/2023 at 11:49:50 PM) (6 of 7) [SAW-911/2018] criteria i.e. 10% & 5% reduction in percentile. While the other students, who went below the State criteria and were given admissions by the Colleges, with reference to the marks obtained by them at 10+2 level, were discharged from the B.D.S. Course with immediate effect.
The aforementioned interim order is operating, and the students of both the categories have completed their B.D.S. Course, and are seeking orders of giving validity to their Degrees.
This Court is of the opinion that any kind of interim validity to the B.D.S. Course and the Degrees obtained by the students, at this stage, would be detrimental to the future prospects of the students.
The applications are thus dismissed. Other pending applications, if any, are disposed of.
At this juncture, learned counsel for the parties made a joint submission that the present appeals may be heard and disposed of finally, at this stage itself, which seems to be a plausible submission, in light of the fact that the students have already completed their B.D.S. Course, in which they took admission in the Academic Year 2016-17. Thus, such a joint prayer for final disposal of the appeals ought to be considered.
This Court also finds that the critical issues pertaining to the position in other States, where the issue of Academic Year 2016- 17 vis-a-vis Dental Council of India vis-a-vis the relaxation granted by the Central Government had arisen, are to be examined.
(Downloaded on 12/04/2023 at 11:49:50 PM)
(7 of 7) [SAW-911/2018] Further, it is also to be seen as to whether any relaxation in the admission criteria was accepted by the Central Government and the Statutory Bodies at any point of time, and if the same was so accepted, then under what criteria.
This Court will also have to examine as to whether any relaxation in the standards, at the instance of the Central Government, done by the State, can be held to be correct in the eye of law.
Thus, upon the joint request made by the parties for final disposal of the appeals, let the appeals be listed on 25.04.2023 for final disposal.
The learned counsel for the parties shall be required to furnish their respective written submissions, in a crisp and precise manner, by 24.04.2023 i.e. a day prior to the next date, while clarifying the overall position of facts and law involved in the present appeals.
Mr. Mukesh Rajpurohit, learned Deputy Solicitor General, representing the Union of India is directed to render all the necessary assistance to this Court, on the next date, regarding applicability of the Regulations and the relaxation available. (YOGENDRA KUMAR PUROHIT),J (DR.PUSHPENDRA SINGH BHATI),J 1-22 Skant -Zeeshan (Downloaded on 12/04/2023 at 11:49:50 PM) Powered by TCPDF (www.tcpdf.org)