NEET: 1 percent reservation for senior citizens in MBBS admissions- Allahabad HC upholds plea rejection
Allahabad: Upholding the single judge's order dismissing a plea seeking 1 percent reservation for eligible senior citizens in MBBS and other medical course admissions through the National Eligibility and Entrance Test (NEET), the Allahabad High Court has observed that such a reservation is a matter of policy to be decided by the competent government or legislature.
The observation was made by a Division Bench comprising Justice Rajan Roy and Justice Manjive Shukla, which dismissed the special appeal after finding no error in the single judge's order. The single judge had rejected the petitioner's plea seeking a direction to the authorities to consider the proposed reservation.
The Bench observed that no provision currently provides for the proposed reservation and that the petitioner's representation did not involve an enforceable right warranting a writ of mandamus.
It further stated, "The representation seeking reservation for eligible senior citizens in the matter of admissions to MBBS and other medical courses is not based on any such right per se."
Case background
The appellant had approached the High Court seeking 1% reservation or a special quota for eligible senior citizens in admissions to MBBS and other medical courses through NEET. He had also requested the authorities to decide his representation dated June 23, 2026, by passing a reasoned order within a fixed time frame.
On this, the Single Judge had dismissed the writ petition on the ground that the matter concerned policy and declined to issue the writ of mandamus sought by the petitioner.
Challenging the decision, he filed the present intra-court appeal before the Division Bench, as per Live Law report.
During the hearing, counsel for the National Testing Agency (NTA) submitted that the agency is only the examining body and is governed by the laws and policies prevailing with regard to admissions to MBBS Courses. The counsel also pointed out that no provision currently exists for the reservation sought by the appellant.
Observation by court
Following this, the Bench noted that his representation was not a statutory representation and had been submitted to meet the requirements for filing a writ petition seeking a mandamus.
"We are, therefore, of the opinion that the appellant can pursue the matter with the executive or the legislature, as the case may be but there is no question of issuing a mandamus as prayed for in the facts and circumstances of the case", the Bench remarked.
The Bench further observed that the decision on whether to prescribe an age limit for admission to these courses, where none currently exists, falls within the domain of the executive or the legislature.
Holding that the Single Judge had committed no error in dismissing the plea, the Division Bench dismissed the appeal.
