Andhra Pradesh High Court Dismisses Plea Against Minimum Age Condition In NEET

The division bench of Chief Justice Prashant Kumar Mishra and Justice R. Raghunandan Rao of the Andhra Pradesh High Court has dismissed a petition challenging the constitutional validity of the fixation of a minimum age of 17 years for appearing in the National Eligibility-cum-Entrance Test (NEET).

The bench said that the High Court has already decided on the constitutional validity of the minimum age requirement of 17 years for NEET.

The writ petition challenged the constitutional validity of Regulation 4(1) of the Medical Council of India Regulations, which fixes the minimum age of 17 years as an eligibility criterion to appear for NEET exam.

The Petitioner submitted that the fixation of a minimum age of 17 years for NEET exam is violative of Articles 14, 19, and 21 of the Constitution of India. Therefore, the said Regulation should be struck down.

The High Court dismissed the petition on the ground that the issue has already been considered time and again. 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 (2013(4) ALT 643). 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((2017) 2 ALT 101)

The court held, “In Master Alli Sai Deepak case, it was clearly held by a Division Bench that, the 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 said judgment has been followed by another Division Bench subsequently in the matter of Kandula Yamini Saraswathi case”.

In light of the above cases the writ petition was dismissed.

Also Read: Delhi High Court Dismisses Challenge Against Minimum Age Condition In NEET; Imposes Rs. 10,000 Cost

Case- Mekala Hima Anvitha v. Union of India, Ministry of Health and Family Welfare

Citation: 2023 LiveLaw (AP) 9

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