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B. R. GAVAI, K. V. VISWANATHAN
Irfan Akbani – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. This appeal arises out of a peculiar facts and circumstances. The appellants had completed their Bachelor of Dental Surgery (BDS) course from the States of Karnataka, Gujarat and Maharashtra.
3. They took admission for Master of Dental Surgery (MDS) in the dental colleges situated in the State of Madhya Pradesh. However, their admissions were cancelled by the Regulatory Authority on the ground that they have not participated in the counselling process and for being in violation of the order passed by this Court dated 17.03.2016.
4. The order of the Regulatory Authority cancelling admission of the appellants was affirmed by the Appellate Authority. Being aggrieved thereby the appellants had approached the High Court.
5. The High Court granted an interim order by virtue of which the appellants completed their MDS Course from 2016 to 2019.
6. After the appellants completed their MDS course, the writ petition was dismissed by the Division Bench of the High Court, upholding the order of the Regulatory Authority as well as the Appellate Authority.
7. We have heard Shri Kapil Sibal, learned senior counsel appearing for the appellants and Shri Saurabh M
The court emphasized the need to regularize admissions for completed courses to prevent waste of education, especially in fields with a shortage of specialists.
The main legal point established in the judgment is that the admission of the petitioners to the BDS Course was within the prescribed timeline, and the impugned communication from the Dental Council ....
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
Court allowed continuation of studies despite irregular admissions under special circumstances, emphasizing the need for proper communication of eligibility criteria.
Admissions to BDS courses granted under relaxed percentile criteria by the State were illegal, emphasizing that only the Central Government holds the authority to set qualifying standards for NEET.
Submitting a false caste certificate for obtaining educational benefits constitutes fraud and is subject to legal consequences under the relevant legislation.
Irregular admissions due to omission of MCI requirements in prospectus being bona fide mistake, students should not suffer.
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