Rajasthan: SC imposes Rs 10 crore each fine on 10 dental colleges over violation of BDS admission rules

JAIPUR: In a significant ruling, the Supreme Court has imposed a fine of Rs 10 crore each on 10 private dental colleges in Rajasthan for irregularities in admissions, saying the blatant illegality and willful violation of rules committed by them warranted strict punitive action.

Observing that standards of medical education have been undermined in the case, a bench of Justices Vijay Bishnoi and J K Maheshwari expressed strong disapproval of the actions of these colleges and the state government .

The court also directed the state government to deposit Rs 10 lakh with the Rajasthan State Legal Services Authority (RSLSA) for failing to adhere to legal procedures in the BDS (Bachelor of Dental Surgery) admissions for the 2016-17 academic session.

The court's stern order came after it found grave irregularities in the admissions process , where the Rajasthan state government , without authorisation, had reduced the NEET (National Eligibility cum Entrance Test) percentile by 10 per cent and further 5 per cent against the required minimum percentile for BDS students.

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Plenary power under Article 143

These reductions allowed a set of students to gain admission into dental colleges despite failing to meet the minimum eligibility criteria established by the Dental Council of India (DCI). Also, colleges in question admitted another set of students beyond this 10+5 per cent relaxation.

The court, in its December 18 judgement, provided relief to students admitted after the relaxation in NEET percentile for the academic year 2016-17 by regularising their BDS degrees after invoking its plenary power under Article 143 of the Constitution to do complete justice.

Rishabh Sancheti, the counsel for 59 students in the lead petition, said that the Supreme Court directed all students who have been granted relief to file affidavits before the Rajasthan High Court offering pro bono services to the state government as and when they are called upon to serve people during calamities, outbreak of diseases or other emergencies in the state.

The apex court highlighted that the colleges had blatantly violated the 2007 regulations by admitting students with more than the permitted 10+5 percentile relaxation. The state government's unauthorised move to grant such relaxations, along with its failure to promptly communicate the decisions of the central government and the DCI, was also sharply criticised.

"We are constrained to express our displeasure at the manner in which the standards of medical education have been undermined in the present case. "The colleges committed blatant illegality and willful violation of the 2007 Regulations while admitting students beyond the 10+5 percentile, thus warranting strict punitive action," the Court remarked.

The heavy penalties imposed on the colleges are not only a punitive measure but also a step toward ensuring better legal and procedural adherence in future admissions, Sancheti said.

The court has directed that the fine amounts be deposited with the RSLSA within eight weeks, and that the funds be utilised for the welfare of social institutions in the state, including One Stop Centres, Nari Niketans, old age homes and child care institutions.