NEET: AP High Court junks plea challenging Minimum Age criteria

Amravati: The Andhra Pradesh High Court division bench recently dismissed a plea challenging the constitutional validity of the minimum age criteria for appearing in the National Eligibility-cum-Entrance Test (NEET).

As per Regulation 4(1) of the Medical Council of India Regulations on Graduate Medical Education, 1997, "No Candidate shall be allowed to be admitted to the Medical Curriculum proper of first Bachelor of Medicine and Bachelor of Surgery (MBBS) Course until: (1) He/she shall complete the age of 17 years on or before 31st December of the year of admission to the MBBS Course."

While the petitioner challenged the constitutional validity of the minimum age bar for NEET, the division bench of Chief Justice Prashant Kumar Mishra and Justice R. Raghunandan Rao observed that the High Court has already decided on the constitutional validity of the minimum age requirement of 17 years for NEET.

It was argued by the petitioners that the fixation of minimum age of 17 years as eligibility criteria for appearing in NEET is violative of Articles 14, 19 and 21 of the Constitution of India and therefore the concerned Regulations should be struck down.

Also Read: Relief: NMC removes Upper-age cap for NEET

However, taking note of the issue, the Andhra Pradesh High Court division bench noted,

"The issue in the present writ petition is no longer res integra as the same has been considered time and again by the composite High Court of Judicature at Hyderabad, firstly in the case of Master Alli Sai Deepak v. The Government of Andhra Pradesh Rep., by its Principal Secretary, Higher Education Department and others, reported in 2013(4) ALT 643 and thereafter, in the case of Kandula Yamini Saraswathi v. Union of India Rep., by its Secretary, Government of India, Medical and Health Department, New Delhi and others, reported in (2017) 2 ALT 101."

At this outset, the court further referred to the judgment in the case of Master Ali Sai Deepak (supra), where a Division bench had held that fixation of minimum age of 17 years as eligibility criteria to participate in the subject examination does not offend the equality clause of Article 14 of the Constitution of India. The concerned judgment has been followed by another Division Bench subsequently in the matter of Kandula Yamini Saraswathi (supra), pointed out the Andhra Pradesh High Court.

Opining that the plea is not maintainable, the bench stated in the order,

"Since the issue raised in the present writ petition has already been considered and decided, this Court is of the view that this writ petition is not maintainable."

"Accordingly, this Writ Petition is dismissed. No costs. All the pending miscellaneous applications shall stand closed," it added.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/andhra-pradesh-court-205773.pdf

Also Read: No Upper Age Limit for NEET: NMC confirms to Supreme Court