W.P. No. 17162 of 2009. Case: Master Alli Sai Deepak Vs Government of Andhra Pradesh rep. by its Principal Secretary and Others. High Court of Andhra Pradesh (India)
| Case Number | W.P. No. 17162 of 2009 |
| Counsel | For Appellant: Mr. P. Srinivas, Adv. and For Respondents: G.P. for High Education for Respondent No. 1, Mr. B. Ashok Kumar, Counsel for Respondent No. 2, Mr. K. Rathangapani Reddy, Standing Counsel for Respondent No. 3, Mr. D.V. Nagarjuna Babu, Standing Counsel for Respondent No. 4-University and Mr. S. Niranjan Reddy, Standing Counsel for M.C.... |
| Judges | Ghulam Mohammed and Nooty. Ramamohana Rao, JJ. |
| Issue | Andhra Pradesh Educational Institutions (Regulation of Admissions & Prohibition of Capitation Fee) Act, 1983 - Sections 15, 3; Andhra Pradesh State Council of Higher Education Act, 1988 - Section 24; Constitution of India - Article 14; Indian Medical Council Act, 1956 - Section 19A; Indian Medical Council Act, 1956 - Sections 20, 33(j) |
| Citation | 2013 (4) ALT 643 |
| Judgement Date | September 11, 2009 |
| Court | High Court of Andhra Pradesh (India) |
Order:
Ghulam Mohammed, J.
1. The petitioner, who is seeking admission into 1 year M.B.B.S. course in one of the medical colleges in the State of Andhra Pradesh, challenges the validity of Regulation No. 4 of Graduate Medical Education Regulations, 1997 (for short '1997 Regulations') stipulating that the candidate should have completed the age of 17 years on or before 31st December, prescribed by the Medical Council of India, so also Rule 4(3)(b)(i) of the A.P. Professional Educational Institutions (Regulation of Admission into Under-graduate Professional Courses through Common Entrance Test) Rules, 1993 (for short '1993 Rules'). The petitioner alternatively seeks direction to respondents 3 to 5 to follow G.O.Rt. No. 545 dated 23-7-2009 issued by the first respondent and permit the petitioner to participate in the counseling for admission to medical stream in BC-D category.
2. The core issue that arises for consideration in this writ petition is the power and jurisdiction of the Medical Council of India to fix the minimum age regulating the admission process to the Medical Colleges.
3. The factual matrix relevant for deciding the issue may be stated thus: The petitioner had passed SSC examination held in March, 2007 and was placed in first division and he had also finished Intermediate course with science subjects and secured 'A' grade. He had appeared for the EAMCET-2009, which is a Common Entrance Test for admission into Medical, Engineering and other allied courses in the State of Andhra Pradesh, and obtained rank No. 938. While so, the petitioner's date of birth being 23-3-1993, he has fallen short of 2 months 23 days for completion of 17 years by 31-12-2009, which is the minimum age limit fixed by the State Government for admission into a medical course after Intermediate. Therefore, the petitioner was informed during the counselling for admission into medical stream that he is not eligible for admission in view of shortage of age. Then, the petitioner moved this Court by way of W.P. No. 14725 of 2009 for correction of age and the said writ petition was dismissed by order 22-7-2009 leaving it open to him to approach the authority concerned. He had approached the first respondent-State Government for relaxation of age and the first respondent passed orders in G.O.Rt. No. 545, Higher Education (EC-2) Department, dated 23-07-2009 condoning the shortfall of his age in order to secure admission into 1 year medical stream for the academic year 2009-2010. It is averred that respondents No. 3 and 4 had still refused to permit the petitioner to attend for the counselling and thus, he filed writ petition being W.P. No. 14965 of 2009, which is said to be pending. Hence, the present writ petition.
4. Heard Sri P. Sreenivas, learned counsel for the petitioner and learned Government Pleader for Higher Education for first respondent, Sri B. Ashok Kumar, learned counsel for second respondent, Sri K. Rathangapani Reddy, standing counsel for the third respondent, Sri D.V. Nagarjuna Babu, standing counsel for Dr...
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