Bangladesh Medical and Dental Council Act, 2010
Section 5- Council (BMDC) is empowered to deal with almost all the matters relating to Medical and Dental Institutions including framing of guidelines etc. for admission to M.B.B.S and B.D.S. courses The impugned decision raising the minimum "cut-off" mark from 110 to 120 was taken by a committee headed by the respondent No.1 and not by the Council, namely, Bangladesh Medical and Dental Council (BMDC) which has been formed as per law, namely, Bangladesh Medical and Dental Council Act, 2010. Section 5 of this Act shows that this Council (BMDC) is empowered to deal with almost all the matters relating to Medical and Dental Institutions including framing of guidelines etc. for admission to M.B.B.S and B.D.S. courses. The setting of "cut-off" mark for being eligible for admission to M.B.B.S. and B.D.S. courses falls within these powers of BMDC and as such the BMDC only is empowered to fix or set the minimum "cut-off" mark for being eligible for admission to these courses. Admittedly, the impugned decision raising the "cut-off" mark from 110 to 120 was not taken by this BMDC, rather it was taken by the respondent No.1 and some other persons. It might be that some of the members of the committee which took this decision of raising the "cut- off" mark were members of this BMDC also, but that did not authorize that committee to assume the power of BMDC. So, it is apparent that the impugned decision raising the "cut-off" mark from 110 to 120 being not taken by the BMDC was coram non-judice and as such illegal.
The materials on record it appears that some of the private medical colleges have already admitted some students to M.B.B.S course who could not score the minimum "cut-off" mark set by the impugned decision. As we have found this impugned decision raising the "cut-off" mark from 110 to 120 illegal the students who have already been admitted to different private medical colleges should be allowed to continue their study. Civil appeal thus be dismissed with the above observations. Ministry of Health and Family Welfare, BD =VS=BPMCA, [8 LM (AD) 123]
