matters there is an implicit obligation on the decision maker to apply his mind to pertinent and proximate matters only eschewing the irrelevant and the remote it saidthe bench rejected the submission of centre that there are sufficient numbers of dentists in the country and therefore there is no harm in the seats being unfilledit however concurred with the government submissions that actual reason for bds seats going vacant are due to exorbitant fee charged by the private dental colleges which is a deterrent for the seats not being filled uponly 265 out of 7000 seats are vacant in government colleges all the other unfilled seats are in private dental colleges the managements of private dental colleges shall consider reducing the fee charged by them to encourage students to join the colleges the bench saidit noted that centre has reduced the minimum marks for admission into firstyear bds course for the year 20192020 in consultation with the dental council of india but for the current academic year despite recommendation by the council on december 28 2020 it deemed fit not to lower the minimum marksit said the stand of the central government is that there are seven candidates available for each seat and therefore there is no need to lower the minimum marksthis calculation of the first respondent is without taking into account the fact that neet ug 2020 is conducted for admission into different courses like mbbs bds ug ayush and other medical courses admissions for ug ayush and other ug medical courses are included in the neet for the first time from this yearthe bench noted that the total number of seats available for the academic year 20202021 for mbbs are 91367 bds are 26949 and ayush are 52720 making it a total of 171036 seatswhereas the neet qualified candidates are 771500 the ratio of seats available vis vis eligible students is 145 and not 7 the basis for the decision to not reduce minimum marks that there are sufficient eligible candidates is without considering these vital facts the decision which materially suffers from the blemish of overlooking or ignoring wilfully or otherwise vital facts bearing on the decision is bad in law it said