Dental surgery course: Top court sets aside Centre's decision not to lower cut-off marks

New Delhi: In a setback to the Centre, the Supreme Court on Monday set aside its order not to lower the minimum marks for admission to the Bachelor of Dental Surgery (BDS) course for 2020-2021 saying "it suffers from the vices of illegality and irrationality".

The top court directed the Centre that the vacant seats in first year BDS for the academic year 2020-2021 be filled from the candidates who have participated in the NEET (UG) courses for the current year, after lowering the minimum mark by 10 percentile.

It noted that there are about 7,000 seats available for admission to the first-year BDS course during the current academic year for which the examinations were held on September 13, 2020. A bench of Justices L N Rao and Krishna Murari held that the candidates belonging to the general category who have secured 40 percentile shall be eligible to be considered for admission in the first year BDS course for 2020-2021.

"We set aside the decision of the first Respondent dated December 30, 2020 to not reduce the minimum marks for admission to BDS course as it suffers from the vices of illegality and irrationality," it said. The bench said the students belonging to the SC/ST/OBC categories shall be declared qualified if they have secured 30 percentile.

"In so far as General candidates with bench mark disabilities specified under the Rights of Persons with Disabilities Act, 2016, they would be eligible if they have secured 35 percentile," it said, adding that the admissions shall be made strictly in accordance with merit and the admission process shall be completed by February 18, 2021.

It said that any other student who has qualified in NEET(UG)-2020 examination even without lowering the minimum marks and is willing to participate in the admission process shall also be considered for admission to BDS course.