The Andhra Pradesh High Court bench comprising Chief Justice Prashant Kumar Mishra and Justice R. Raghunandan Rao recently dismissed the writ petition filed challenging the minimum age fixation of 17 years to sit in NEET examination.
In the matter at hand the petitioner submitted that having the eligibility criteria of being at least 17 years old to sit in the National Eligibility cum Entrance Test (NEET) under Regulation 4(1) of the Medical Council of India is violative of Articles 14, 19 and 21 of the Constitution of India and therefore it should struck down.
The court observed that this is not the first time this issue is being addressed as it has been considered time and again in the following instances:
1) By High Court of Judicature at Hyderabad in case of Master Alli Sai Deepak v. The Government of Andhra Pradesh
2) Kandula Yamini Saraswathi v. Union of India
The court noted that in case of Master Alli Sai Deepak v. The Government of Andhra Pradesh it was clearly held by a division bench 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 bench further noted that the decision in Master Alli Sai Deepak was followed by another division bench subsequently in the matter of Kandula Yamini Saraswathi.
In the light of the aforementioned the court held-
“Since the issue raised in the present writ petition has already been considered and decided, the court is of the view that this writ petition is not maintainable.”
The writ petition was dismissed accordingly.
CASE: MEKALA HIMA ANVITHA V. UNION OF INDIA
W.P. NO. 6808 OF 2023