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9. It is not in dispute that the Appellant/students appeared in the NEET 2016, and failed to secure the minimum percentile, as per the eligibility criteria laid down for admission in the course in question, and as such, they were not qualified to be admitted to the BDS course.

10. The State of Rajasthan vide letter dated 16.08.2016 informed the Convenor, NEET Counselling Board-2016, that 85% seats were required to be filled on the basis of combined counselling and the remaining 15% seats were to be filled by the private institutions in pursuance of the NEET Examination-2016. It was further directed that the admission process be completed by 30.09.2016.

“...I am directed to refer to letter No. V. 12025/181/2016- (DE-FTS 3075124) dated 02-08-2017 Sh. Pradip Kumar Pal, Under Secretary to the Govt. of India, Ministry of Health & Family Welfare, New Delhi thereby forwarding copy of your letter no. F7(19)DME/2015/PART-1/4223 dated 26-06- 2017 thereby reeking ex-post facto approval of the State Government decision vide its order dated 30-09-2016 for lowering down the percentile for BDS admissions for the academic session 2016-17 in the State of Rajasthan and requesting the DCI expedite the status of admissions visiting the prescribe requirement under NEET 2016-17 to the Ministry urgently.
The Executive Committee after discussion & deliberations decided as under:
“The request of State Govt of Rajasthan to grand ex-post approval for lowering down the percentile for BDS admission for the academic session 2016-17 in the State of Rajasthan is not accepted since the State Govt. of Rajasthan themselves had opted for NEET 2016 for admission in BDS course where they bad and opportunity to opt out the conduct of NEET in their State for the academic session 2016-17 as per Dentists (Amendment) Act, 2016.” The above said decision of the Executive Committee of the Dental Council of India is communicated to you for your information and necessary action in the matter....”

The Single Judge attributed this entire disarray to the fact that the NEET was conducted for the first time in the academic year 2016-17 and remained at an experimental stage, resulting in several States not opting for NEET, 2016.

30. Aggrieved by the Judgment and Order dated 20.04.2018 passed by the Single Judge, the Appellants herein preferred the writ appeals before the Division Bench of the High Court. The High Court vide order dated 01.06.2018, as an interim measure, stayed the operation of the direction given by the Single Judge to discharge the students who had been admitted after giving relaxation beyond 10 percentile and additional 5 percentile. The relevant portion of the said order is extracted hereinbelow: