In a setback to students given admissions in BDS course on the basis of Class XII marks by private dental colleges in the state, the Jabalpur bench of Madhya Pradesh High Court has directed for cancellation of such admissions within two weeks.
A division bench comprising Justice RS Jha and Justice Anurag Shrivastava passed the order.
Some dental colleges in the state had granted admissions to students who failed to qualify the competitive entrance exam, on the basis of marks obtained by them in Class XII.
However, the Dental Council of India (DCI) later issued instructions to the colleges asking to cancel admissions granted by them in their respective campuses in violation of the Dentist Act, 1948 as well as BDS Regulations 2007, as revised from time to time.
Following the instructions, the colleges and some aggrieved students filed petitions in the court citing MP Niji Vyavasaik Shikshan Sanstha (Pravesh Ka Viniyaman Evam Shulk Ka Nirdharan) Adhiniyam 2007, claiming that it which permits granting of admission to students on the basis of the marks obtained by them in the qualifying examination.
However, the court observed that the MP Adhiniyam 2007 stipulates that if contingency arises where seats are left unfilled even after two rounds of centralised counselling based on the merit list prepared pursuant to common entrance test then the college authorities are extended liberty to fill these seats based on the marks obtained in qualifying exam.
However, this liberty is circumscribed by limiting its application to certain type of courses. This very provision in express terms excludes the course of MBBS and BDS.
Citing a direction by a division bench at Gwalior in an identical case, the Jabalpur bench observed that MP Adhiniyam-2007 is not applicable for students granted admissions in BDS course on the basis of qualifying exams.
The Jabalpur bench also observed that the Gwalior bench’s order was upheld by Supreme Court.
AFRC, APDMC facilitate admissions
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.”