The Bombay High Court (Aurangabad Bench) allowed writ petitions filed by a dental student and her college, quashing directions from the Dental Council of India (DCI) to discharge her valid merit-based admission, which suffered from a technical lapse beyond her control.
The dispute arose when the petitioner-student, having cleared the NEET-MDS 2024, became eligible for admission in the petitioner-college in a special stray vacancy round. She was granted a provisional admission letter on 24 October 2024 for an MDS seat, upon which she promptly completed all required steps and formalities on the same date and formally joined the course, as recognized by the college.
However, due to heavy rainfall disrupting internet connectivity in the rural area where the college was situated, the college authorities could not upload the required admission documents onto the DCI portal before the deadline of 25 October 2024 midnight, despite multiple attempts. They sent an email to the DCI the following morning, notifying them about the same.
DCI responded by directing the college to discharge the student, threatening punitive action under Sections 10-B and 16-A of the Dentists Act, 1948, for alleged irregular admission. Both the student and the college challenged this in parallel writ petitions.
The Bench comprising Justice Manish Pitale and Justice Y.G. Khobragade held that neither the student nor the college was at fault, as the admission was on merit, and all procedural steps were completed within time except for document uploading, which failed for genuine technical reasons. The Court relied upon Asha vs Pt. B.D. Sharma University of Health Sciences[1], which settled the legal position that cut-off dates should not ruin meritorious students’ careers when no fault is attributable to them.
In result, the Court allowed the writ petitions, quashing DCI’s adverse communications, and directed DCI to approve her admission with effect from 24 October 2024.
[1] (2012) 7 SCC 489
For the Petitioner-Student: Mr. V.D. Hon, Senior Advocate i/by Mr. S.S. Kote
For the Petitioner-College: Mr. Ashwin V. Hon
For the Respondent-State: Ms. S.S. Joshi, AGP; Mr. V.M. Kagne, AGP
For the Respondent-Council: Mr. Alok Sharma, Standing Counsel