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2021 Supreme(SC) 58

L. NAGESWARA RAO, KRISHNA MURARI
Harshit Agarwal – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s):Shyam Divan, Krishna Dev Jagarlamudi, Manav Vohra, Sudipto Sircar, Sai Kaushal N., Maninder Singh, Ramesh Allanki, Siddhant Buxy, Advocates
For the Intervenor(s) :Ramesh Allanki, Aruna Gupta, Srinivasa Rao P., Advocates
For the Respondent(s):Aishwarya Bhati, Gurmeet Singh Makker, Vishnu Shankar Jain, Aruna Gupta, Gaurav Sharma, Kirtiman Singh, Waize Ali Noor, Rohan Anand, Taha Yasin, Prateek Bhatia, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

1. The Petitioners in Writ Petition No. 54 of 2021 are students who appeared in the National Eligibility-cum-Entrance Test (NEET) examination 2020 for admission to the first year of Bachelor of Dental Surgery (BDS) conducted on 13-09-2020. They did not obtain the minimum marks prescribed by Sub-Regulation (ii) of Regulation II of the Dental Council of India, Revised BDS Course Regulations, 2007 (hereinafter, ‘the Regulations’). Therefore, they were not eligible for admission to BDS course. The second Respondent Dental Council of India, recommended the lowering of qualifying cut off percentile for admission to BDS course for the academic year 2020-2021.

2. The Petitioners submitted a representation to Respondent No.1 seeking to lower the qualifying cut off percentile on the recommendation of the Executive Committee of Respondent No.2. The recommendation of the Executive Committee was not accepted by the first Respondent. Having no other alternative, the Petitioners have filed these Writ Petitions under Article 32 of the Constitution of India.

3. The Petitioners in Writ Petition No. 95 of 2021 are Dental Colleges from the State of Andhra Pradesh seeking a


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