Madhya Pradesh: Admissions to BDS colleges on the basis of Qualifying marks cancelled by court
Indore: The Jabalpur bench of the Madhya Pradesh High Court, has directed the state's private dental colleges to cancel all admissions granted by them to students for BDS courses, on the basis of their qualifying marks in the Class XII examination,. This is to be done within two weeks. The court’s decision comes as a setback for all students who have been admitted on the basis of qualifying marks.
A division bench comprising Justice RS Jha and Justice Anurag Shrivastava, passed the order.
Some state dental colleges have granted admissions to students who failed to pass the competitive entrance exam on the basis of their class twelve mark sheets.
The Dental Council of India (DCI) also issued instructions of a similar nature stating that admissions granted on the basis of the class twelve examinations were in violation of the Dentist Act, 1948, as well as the BDS Regulations, 2007, revised at intervals.
However, following the DCI instructions, a few impacted students and colleges moved court stating that MP Niji Vyavasaik Shikshan Sanstha (Pravesh Ka Viniyaman Evam Shulk Ka Nirdharan) Adhiniyam 2007, did permit granting of admissions on the basis of marks obtained by students in their qualifying examination.
When these petitions filed, the counsel for DCI had informed the court that the Council looking to the fact that there were large number of students all over the country who had been granted such admissions that were dehors the Regulations, had forwarded the recommendation to the Government of India for regularizing the same as a one time measure. On December 16, when the matter was taken up, the counsel for Union of India produced before the Court an order dated 9-12-2016 by the Ministry of Health and Family Welfare addressed to the Secretary to the DCI informing its recommendation and proposal was in violation of the Dentist Act and therefore, could not be accepted.
The court however, stated that under the MP Adhiniyam 2007, only if after two rounds of centralized counselling based on the merit list prepared, pursuant to common entrance test, seats remained unfilled, then the college authorities were free to admit students based on the marks obtained in the qualifying exam.
It further stated, that this freedom was further curbed by limiting its application to certain types of courses. This in clear terms meant exclusion of MBBS and BDS courses. The Jabalpur bench giving the example of a similar case in Gwalior said the bench there had directed that MP Adhiniyam-2007 is not applicable for students granted admissions in BDS course on the basis of a qualifying exam. The Jabalpur bench also revealed that the Supreme Court had upheld the order of the Gwalior court.
The admissions to Class XII pass out students were granted through counselling having nominees of the Admission and Fee Regulatory Committee (AFRC); Controller of the All India Association of Private Dental and Medical Colleges (APDMC) and the Dean/Principal of the concerned institution.
The court ruled: “The Director, Medical Education shall ensure proper implementation of the orders passed by this court as well as co-ordination among all the authorities who have directed to scrutinize the admissions and he shall also make sure that a nominee of the Director Medical Education is also present during the proceedings.”