While giving relief to the 45 students of Desh Bhagat Dental College, Sri Muktsar Sahib & 2 students of other dental colleges, Hon’ble Punjab and Haryana High Court has allowed the writ petition of students who were not NEET qualified or NEET appeared but were admitted on the basis of qualifying examination i.e. 10+2 in case Teekay Sharma and others versus State of Punjab and others (Civil Writ Petition No.1174 of 2014 (O&M) Date of decision:06.08.2014).
The bench of Justice K. Kannan observes, “The parting observation of the judgment of the Supreme Court in Christian Medical CollegeCivil Writ Petition No.1174 of 2014 (O&M) – 5 – (supra) that has merely left the selection made on NEET to be not disturbed. In this case, if the petitioners had not the NEET qualification, there is nothing of the judgment to say that the selection was bad because the previous notification and the eligibility as set out requiring NEET qualification had been quashed. The subsequent judgment of the Supreme Court has rendered ineffective the earlier requirement as notified by the University. What the Supreme Court judgment protected was if there had been already an admission process which had been completed that would not be affected”.
The bench further observed, “The corollary cannot be that the persons who had not NEET qualification cannot secure admission if they are otherwise eligible. Such eligibility will have to be considered only from the point of view of the performance in 10+2 and that shall be the only criterion on which the admission could be directed to be made by an institute. The petitioners in CWP No.1174 of 2014, whether they had appeared in NEET or not or whether they qualified by NEET or not would all be taken to be eligible to secure an admission, unless they lacked the basic qualification of not having passed 10+2. I will therefore, hold that the petitioners who have been admitted without reference to the notification in NEET must be taken as validly admitted.The decision was passed in view of the judgment passed by the Hon’ble Apex Court vide which NEET was quashed in 2013”.
Hon’ble court concluded that In the view that I have taken approving all the admissions, the results in the examination taken shall be announced and the University will take appropriate steps for holding special examination for the left over two examinations for the petitioners and communicate to the colleges within 4 weeks from the date of receipt of copy of this order.
While arguing Mr. Kumar Vishav Aggarwal (advocate representing the students) said that all the 47 admissions of BDS were transparent & on the merit of 10+2 (PCB) as the NEET qualified/ appeared candidates had exhausted.
Adding further Dr Zora Singh, Chairman, Desh Bhagat Dental College, Sri Muktsar Sahib said,” The colleges & association had represented to the Punjab Govt repeatedly to wave off the NEET condition much in advance as sufficient number of candidates were not available but the Govt did not pay any heed.