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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 respondent- College. They have preferred the writ petition against the order dated 10.04.2017 passed by the Dental Council of India directing (42 of 64) [ CW-13776/2017] 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-cum- Entrance Test (NEET), 2016.

Accordingly, the respondent No.1-State decided to opt for NEET, 2016. The Apex Court on 09.05.2016 in Transfer Case No.7 of 2013 (Association of Managements of Unaided Pvt. Medical & Dental College & Anr. Vs. Union of India & Ors.) and various other applications filed for modification of the order dated 28.04.2016 passed in WP(C) No.261/2016, while disposing of the same, directed that only NEET would enable a student to get admission in BDS and MBBS Course. The entire admission process was to be (45 of 64) [ CW-13776/2017] completed by 30.09.2016. However, a large number of BDS course seats were still lying vacant in the private Dental Colleges in the State of Rajasthan. Hence, the Federation of Private Medical & Dental Colleges approached the Apex Court by filing a writ petition seeking a reduction in the minimum cut off percentile of the NEET.

The status can only be changed if we reduce the entrance test merit of NEET 2016 so that the NEET 2016 appeared students which were not successful in securing minimum qualifying marks in NEET 2016 will get the option for admission in BDS Course. NEET-2016 Information Bulletin also says that the required minimum marks can be reduced if sufficient number of candidates fail to secure minimum marks as prescribed (Page 20, Chapter 6, Point 1 (b)) copy enclosed. DCI Notification (DE-22-2012 dated 31.05.2012) Point No.6(ii) states that (when sufficient number of candidates in the respective categories fail to secure minimum marks as prescribed in the NEET held for any academic year for admission in BDS Course, the Central Govt. in consultation with DCI 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.) This way the students who have secured less marks shall have an option of taking an admission in BDS course and will be a boon for them as a valuable year will be saved.
The whole mess-up also appears to be on account of fact that the NEET examination was undertaken for the first time and was still at experimental stage, number of States could not even opt for NEET, 2016 and almost 6000 students were given admission in BDS Course in 2016 on the basis of marks of 10+2 or the State examination held for the purpose. The candidates quota in MBBS & BDS were not calculated separately. The State of Rajasthan adopted the NEET for the purpose of admission to MBBS as well as BDS Course but the Central Government failed to point out the number of students registered for counselling-seeking admission separately in BDS course for the academic year 2016- 2017 resulting in huge number of seats still lying vacant.