SECTION XV

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) Nos. 14014-14019 AND 12372-12373 OF 2023

AND
SPECIAL LEAVE PETITION (CIVIL) Nos. 2837 AND 2724 OF 2024

WITH PRAYER FOR INTERIM RELIEF

Process Id: 838/2024

OFFICE REPORT

SLP (C) Nos. 14014-14019 AND 12372-12373 OF 2023

The matters above-mentioned was listed before the Hon'ble Court, on 03th January, 2024, when the Court was pleased to pass the following order:

" The challenge here is to the judgment dated 04.05.2023 of the Division Bench of the High Court which opined that students were granted admission, by impermissible relaxation of the norms beyond 15 percentile in the NEET examination, for the Bachelor of Dental Surgery (BDS) course. The Division Bench, while dismissing the appeals of the students, issued the following directions :-

 "(a) All the students, who have been admitted

 after giving relaxation beyond 10% and additional 

 5, if not discharged, shall stand discharged from

 the BDS course with immediate effect; in case any 

 of such student(s) has already been awarded the

 Degree of the BDS Course, beyond the relaxation

 granted by the respondent-State, the same, if not 

 already procured and deposited, shall be required

 to be procured by the concerned College, who in

 turn shall deposit the same with the concerned 

 University within a period, of one month from 

 today, failing which the concerned University

 would be at liberty to initiate contempt 

 proceedings against the College, who fails to do

 so.

 (b) Each of such College(s), who have granted 

 relaxation, beyond the one already granted by the

 respondent-State, are also liable to deposit a 

 cost of Rs.50,00,000/- with the Rajasthan High

 Court Legal Services Committee (RHCLSC), Jodhpur

 within a period of two months from today; the 

 RHCLSC shall recover the same from the concerned

 College(s), strictly in accordance with law. 

 (c) The said College(s) shall pay a sum of 

 Rs.25,00,000/- to each of such student(s) within a

 period of three months from today, as 

 compensation, as the student(s) have been made to

 suffer on count of being given admission by the

 College(s), while extending the relaxation beyond

 the one already granted by the respondent-State. 

 The respondent-State is directed to ensure the same.

 (d) The Registry is directed to send a copy of 

 this judgment to the RHCLSC and the concerned 

 authority of the respondent-State to ensure the

 compliance of this judgment."

 The counsel for the students submit that since the students have already completed the BDS course and some of them have also secured admission in the Post Graduation Course after completing their BDS curriculum, to discharge them on the strength of the impugned judgment would be inequitable. The compensation ordered for the students at Rs.25 lakhs for each students would not make good the loss of their career as a dentist. Moreover, the students are entitled to pursue a professional career on successful completion of the BDS course, from the respective colleges. 

 Learned counsel appearing for the Rajasthan University of Health Sciences as also the Dental Council of the India submits that apart from the students, the individual colleges have also filed Special Leave Petitions on the direction for payment of compensation to the students. Similarly, the Dental Council of India has also filed Special Leave Petition challenging the admissions by relaxation of 15 percentile and/or failing to appear in the common counseling.

 Taking note of the above, let notice, returnable in four weeks, be issued. 

                                Any subsequent steps taken in pursuant to the impugned judgment dated 04.05.2023 is made subject to the outcome of the present proceeding."

SLP (C) Nos. 14014-14019/2023

It is submitted that show cause notice was issued to common respondent No. 1 in SLP (C) Nos. 14014, 14015 & 14018, respondent No. 1 in SLP (C) Nos. 14017 & 14019/2023, Common respondent No. 2 in all the matters, Respondent No. 4 in SLP (C) Nos. 14016, 14017, 14018 & 14019/2023, common respondent Nos. 5 in SLP (C) Nos. 14014 to 14016/2023 and respondent No. 5 in SLP (C) Nos. 14017, 14018 & 14019/2023 through Regd. A.D. Post and common respondent No. 3 in 14014-14019/2023 through Mr. Gaurav Sharma, Advocate, Common respondent No. 4 in SLP (C) Nos. 14014 to 14018/2023 through Mr. Ghanshyam Joshi, Advocate.

It is further submitted that Mr. Anand Shankar, Advocate has filed Vakalatnama/appearance and Counter Affidavit along with application for exemption from filing O.T. on behalf of respondent No. 1 in SLP (C) Nos. 14014-14019/2023. The said application has been registered as I.A. No. 59770/2024. Mr. Ghanshyam Joshi, Advocate who has filed Caveat on behalf of common respondent No. 4 in SLP (C) Nos. 14014 & 14015/2023 and has filed Counter Affidavit on behalf of (Rajasthan University of Health Science) common respondent No. 4 in SLP (C) Nos. 14014, 14015, 14017 & 14018/2023 and respondent No. 5 in SLP (C) No. 14016/2023 but has not filed Vakalatnama/appearance on behalf of respondent No. 4 in SLP (C) Nos. 14017 & 14018/2023 and respondent No. 5 in SLP (C) No. 14016/2023. Mr. Gaurav Sharma, Advocate for common respondent No. 3 in SLP (C) Nos. 14014-14019/2023 has not filed Counter Affidavit so far.

It is lastly submitted that as per track report status "Item delivered" in respect of all the remaining respondents in all the matters but no one has entered appearance on their behalf so far.

Service is complete.

SLP (C) Nos. 12372-12373/2023

It is submitted that the are 52 respondents in SLP (C) No. 12372/2023 and 40 respondents in SLP (C) No. 12373/2023. Show cause notice was issued to common respondent Nos. 1, 2, 5 & 6 in both the matters, Respondent No. 3, 7 to 52 in SLP (C) No. 12372/2023 and Respondent Nos. 3, 7 to 40 in SLP (C) No. 12373/2023 through Regd. A.D. Post and Common Respondent No. 4 in both the matters through Mr. Ghanshyam Joshi, Advocate. Mr. Anand Shankar, Advocate has filed Vakalatnama/appearance and Counter Affidavit along with application for exemption from filing O.T. on behalf of common respondent No. 1 in both the matter, Mr. Ghanshyam Joshi, Advocate has already filed Counter Affidavit on behalf of respondent No. 4 in both the matters. As per track report status "Item delivered" in respect of common respondent Nos. 2 and 6 in both the matters, respondent Nos. 3, 7 to 16, 18, 19, 21, 22, 24 to 27, 31 to 34, 36 to 40, 42, 43, 45 to 48, 50 to 52 in SLP (C) No. 12372/2023 and Respondent No. 3, 8 to 13, 15 to 40 in SLP (C) No. 12373/2023 but no one has entered appearance on their behalf so far.

It is further submitted that as per track report status "Item not delivered" in respect of common respondent No. 5 in both the matters, respondent Nos. 17, 20, 23, 28, 29, 30, 35, 41, 44 & 49 in SLP (C) No. 12372/2023 and Respondent No. 7 and 14 in SLP (C) No. 12373/2023.

Service is not complete in respect of common respondent No. 5 in both the matters, respondent Nos. 17, 20, 23, 28, 29, 30, 35, 41, 44 & 49 in SLP (C) No. 12372/2023 and Respondent No. 7 and 14 in SLP (C) No. 12373/2023.

SLP (C) NOS. 2837  & 2724 OF 2024

The matters above mentioned were listed before the Hon'ble Court, on 29th January, 2024,  when the  Court was pleased to pass the following order:

"1. Delay condoned. 

 2. Issue  notice.

 3. Tag with SLP (C) Nos 14014-14019 of 2023."

SLP (C) 2837 OF 2024

It is submitted that there are 72 respondents in this matter. Counsel for the petitioner has not filed spare copies for issuance of notice. Hence notice could not be issued.  It is further submitted that Mr. Anand Shankar Advocate, has on 20.02.2024 e-filed vakalatnama/appearance on behalf of respondent no. 1 but has not filed counter affidavit so far. 

Service is complete on respondent no. 1 & service is not complete on respondent nos. 2 to 72. 

SLP (C) 2724 OF 2024

It is submitted that there are 27 respondents in this matter. Counsel for the petitioner has not filed spare copies for issuance of notice. Hence notice could not be issued.  

Service is not complete.

         The matters above-mentioned are listed before the Ld. Registrar Court with this Office Report.

Dated : March 20, 2024

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