SC legitimizes BDS courses in Rajasthan under NEET case, imposes severe penalties on colleges

As relief to students, the Supreme Court on Thursday regularized their Bachelor of Dental Surgery (BDS) degrees obtained from private dental colleges in Rajasthan after being admitted with relaxation in NEET percentile for the academic year 2016-17.

However, a division bench of Justices J K Maheswari and Vijay Bishnoi imposed severe penalties on defaulting private dental colleges and the state government for violating norms.

The supreme court has further directed the students taking advantage of the scheme to give an undertaking before the high court that they will provide pro bono services in the case of a natural calamity or health emergency in the state of Rajasthan for a maximum period of two years in their lifetime.

“In order to do complete justice in the peculiar facts and circumstances of this case, we think it appropriate that Article 142 of the Constitution of India is to be invoked in the present case. As such, the admissions of the appellant/students who have passed BDS courses and obtained their degrees are regularized,” the court observed.

The chief court also added, “All students who are being benefitted by these directions shall file an undertaking with the Registrar (Judicial), Rajasthan High Court, Jodhpur, within eight weeks from today, undertaking to the effect that whenever they are required to render their pro-bono services to Rajasthan State during their lifetime in situations of natural calamities, man-made disasters/accidents, health emergencies.”

"It is brought to notice that in case any of the appellants/students fails to file the above-said affidavit within the stipulated period of time, the Registrar (Judicial), Rajasthan High Court, Jodhpur, shall intimiate this court through proper channel and the Registry of the Supreme Court shall place the above-said information before the court for further directions," it added.

However, the Supreme Court further added that: 

 “These directions are being issued only with a view to save the effort, time, and resources of students that have gone into achieving their degree of BDS, and shall not operate as a precedent.”

"We are compelled to register our discontent at how the standards of medical education have been brought into disrepute in this present case. The colleges are guilty of blatant illegality, to say the least, as well as deliberate contravention of the 2007 Regulations in taking in students beyond the 10+5 percentile, which would merit a punitive measure."

“Further, the state of Rajasthan has acted unauthorisedly while arriving at relaxations, and failed to inform the colleges in time about the decisions of the Central government and the Dental Council of India,” it added.

The court also held that the colleges will deposit a cost of Rs 10 crore each, and the Rajasthan Government is required to deposit a sum of Rs 10 lakh before the Rajasthan State Legal Service Authority within eight weeks from the date of the pronouncement of this judgment.

It held that Rajasthan State Legal Services Authority would invest this said fund in a short-term(fixed deposit) account in a nationalized bank, having an automatic renewal facility.

The Supreme Court held that the amount of interest accrued on the said fixed-term deposit shall be used by the Rajasthan State Legal Services Authority for maintenance, upgrade, and improvement of One Stop Centres, Nari Niketans, Old Age Homes, and Child Care Institutions established by the Rajasthan government.

"However, we are directing the utilisation of the said amount only with the advice of a committee of the judges of the Rajasthan High Court to be constituted for the said purpose.

"In pursuance of the above-stated objective, we would respectfully request the Chief Justice of the Rajasthan High Court to appoint a Committee consisting of five judges of the said High Court, including at least one woman judge of the said Court, to ensure the effective use of the interest amount accrued on the fixed deposit for the purposes mentioned above," it added.

The Supreme Court stated that the students were admitted to the 11 private dental colleges, which were part of the group referred to as the Federation of Private Medical and Dental Colleges of Rajasthan during the year 2016-17.

Pointing towards the judgment passed by the top court in the year 2016, the bench stated that admission into MBBS or BDS programs in all government as well as private medical colleges would be made on the basis of merit in the NEET exam.

“Therefore, all admission processes to medical institutions must comply strictly with the requirements specified pertaining to the conduct of NEET to ensure that the superiority of merit takes precedence,” it added.