NEET BDS 2021: Supreme Court Asks Centre To Consider Lowering Cut-Off Percentile As Recommended By Dental Council Of India

The bench of Justices DY Chandrachud and Hima Kohli issued the direction considering the fact that last date for BDS admissions have been extended to May 15(from April 11) and that the Executive Committee of the Dental Council of India (DCI), in its meeting held on April 6, recommended the Centre to reduce the qualifying percentile.

The bench was considering a writ petition preferred by aspiring dentists who appeared in NEET UG for conducting mop up round counseling on the basis of the reduced cut-off as recommended by the DCI to fill up vacant seats in dental colleges for academic session 2021-2022.

"Since the last date of admission has been extended, having regards to the extent of vacant seats & decision of this court, it will be appropriate if the issue pertaining to percentile is reconsidered by the Central Government afresh. We accordingly request the Ministry of Health and Family Welfare to take a fresh in terms of the provision laid down under the proviso Reg (ii) (5) (2) within a period of 1 week from the date of this order," the bench said in its order.

Appearing for the petitioners, Senior Advocate PS Patwalia submitted that as of date, 9881 out of 27698 seats are still vacant for BDS Courses. He further contended that earlier the last date for BDS Course for admission to dental colleges was April 11, 2022 which on April 28, 2022 was extended upto May 15, 2022. He further relied on the Top Court's decision rendered last year in Harshit Agarwal & Ors v Union of India and Ors which noted the Central Government had lowered the qualifying cut off by 10.00 percentile for the admission of BDS Course for the academic year 2019-2020.

Appearing for the Union, Additional Solicitor General Aishwarya Bhati submitted that a decision was taken on April 8, 2022 to not reduce the percentile. The bench observed that the decision might have been taken as the last date for admission was then April 11.

"You can take the decision afresh since the schedule has been extended", Justice Chandrachud orally told the ASG.

It was stated in the petition that based on the eligibility criteria laid down as per the BDS Regulations, the Petitioners, along with thousands of other students did not obtain the minimum marks and therefore did not qualify as eligible candidates for admission into BDS Courses.

The petitioners in the plea further stated that on 06.04.2022, the Executive Committee recommended for reducing the Qualifying Cut-off Percentile regards the NEET - BDS 2021 by 10.00 percentile for each category.

Against this backdrop petitioners had sought for lowering the qualifying cut off percentile as per Executive Committee's recommendation.

"Thousands of candidates across the country, including the Petitioners would be deprived of their fundamental rights enshrined under Articles 14 and 21 of the Constitution, in the event that the Central Government does not, at the earliest, implement the recommendation of the Executive Committee dated 06.04.2022 to lower the Qualifying Cut-off Percentile for the current academic session. As stated above, the Central Government has previously lowered the Qualifying Cut-off Percentile for admissions in the academic year of 2019-20 and again in 2020-21 and ought to do so for the current academic session given the number of vacancies and in light of the unprecedented COVID-19 pandemic," the plea preferred by AOR Krishna Dev stated.

Case Title: Kunal & Ors v Union of India & Ors

Click Here To Read/Download Order