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Supreme Court of India 2021-02-08 allowed

Harshit Agarwal & Ors vs Union of India & Ors

Bench: 2 — L. Nageswara Rao

In Brief

This case involved dental students who failed to meet NEET 2020 minimum score requirements for BDS admission. The Dental Council of India recommended lowering qualifying marks, but the Central Government refused. The Supreme Court held that the Government has statutory discretion to lower marks when insufficient candidates qualify, but only for that specified purpose. The Government's decision was illegal and irrational because it ignored vital facts (miscalculating the candidate-to-seat ratio across all medical courses) and relied on irrelevant considerations (surplus dentists, student preferences). The Court set aside the decision and ordered admissions after lowering percentile by 10 points, with admissions based strictly on merit.

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