New Delhi: In a first of its kind order, the Supreme Court has imposed a cost of Rs 10 crore each on 10 private dental colleges in Rajasthan for admitting students who did not secure threshold marks in the NEET 2016-17, which is the basis for admission to all medical and dental courses across India.
A bench of Justices J K Maheshwari and Vijay Bishnoi on Thursday asked the colleges to deposit the cost with Rajasthan State Legal Services Authority, which it said would be invested in fixed deposits and the interests from which would be utilised for maintenance, upgradation and improvement of ‘One Stop Centres’, Nari Niketans, old age homes as well as child care institutions established by Rajasthan government.
Accepting arguments of Rishabh Sancheti, who represented 59 students, and other advocates, SC invoked its exclusive powers under Article 142 of the Constitution to regularise the degrees of those students who, though admitted illegally to the 2016-17 BDS courses, have passed out and awarded degrees.
The relief to the students, whose future was in suspense as their degrees were not regularised, came with a caveat. The bench directed them to file affidavits before the Rajasthan HC offering pro bono services to the state govt as and when they are called upon to serve people during calamities, outbreak of diseases or other emergencies in the state.
Writing the judgement, Justice Bishnoi said, “The Colleges are directed to deposit a cost of Rs 10 crore each, and the State of Rajasthan is directed to deposit a sum of Rs 10 lacs with the Rajasthan State Legal Services Authority within a period of eight weeks.”
The bench requested the Rajasthan HC chief justice to constitute a five-judge committee, including at least a woman judge, to ensure effective utilisation of the interest amount accruing from the fixed deposit of Rs 100 crore. Expressing strong displeasure over the way standards of medical education are being diluted as was reflected in the case in hand, the bench said, “The colleges committed blatant illegality and wilful violation of the 2007 Regulations while admitting students beyond the permitted relaxation of percentile, thus warranting strict punitive action.”
“Further, the State of Rajasthan also acted without any authority of law while granting relaxations and failed to timely inform the colleges of the decisions of the central govt and the Dental Council of India,” it said. Given the lowering of minimum mark criteria for admission, several students were found to be still pursuing their BDS degree courses despite passage of nine years since admission. The bench said, they will be discharged from the course as the 2007 Regulation allows a student a maximum of nine years to clear the five-year degree course.
