Allow affected students to appear for entrance'
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All medical aspiring
students can now appear for NEET this year irrespective of age as the SC
removed the age cap of 25 years, fixed by CBSE for taking the entrance
examination. A bench of Justices Dipak Misra and A M Khanwilkar said
the decision taken by CBSE to fix upper age limit on the administrative
instruction of Medical Council of India seemed wrong and students should
not be barred from appearing in the entrance examination.
The court directed CBSE to open a window till April 5 for those above 25 years to apply for the NEET which is scheduled for May 7. The bench agreed with the submission of the ag grieved students who contended that the decision taken by the Board was illegal and unconstitutional as there were no rules or regulations for fixing upper age limit for medical entrance examination. Senior advocates Amrendra Sharan and Indu Malhotra, appearing for the students, told the bench that about 20,000 candidates were hit due to age restrictions and pleaded the court to allow them to appear for NEET.
“As we, prima facie, find, such an age limit could not have been determined by way of a notice on the basis of the instructions issued by the Medical Council of India. It is appropriate to direct that all the desirous candidates will be allowed to fill up the forms on the online portal of CBSE on or before April 5. Any form submitted beyond April 5 shall not be accepted,“ the bench said.
The court asked CBSE to take steps to make arrangements to allow the affected students to appear for the entrance test and provide additional centres to accommodate them. “...the collector of the concerned district or the commissioner of the city whoever is the authority will extend all the support so that the forms are accepted and the examinations are held on the date fixed by making different centres available,“ the bench said.
“CBSE shall be bound by the order passed by this court as far as the cut-off date is concerned. No high court in the country shall interfere with regard to any litigation pertaining to choosingallocation of centres,“ the court said.
The court directed CBSE to open a window till April 5 for those above 25 years to apply for the NEET which is scheduled for May 7. The bench agreed with the submission of the ag grieved students who contended that the decision taken by the Board was illegal and unconstitutional as there were no rules or regulations for fixing upper age limit for medical entrance examination. Senior advocates Amrendra Sharan and Indu Malhotra, appearing for the students, told the bench that about 20,000 candidates were hit due to age restrictions and pleaded the court to allow them to appear for NEET.
“As we, prima facie, find, such an age limit could not have been determined by way of a notice on the basis of the instructions issued by the Medical Council of India. It is appropriate to direct that all the desirous candidates will be allowed to fill up the forms on the online portal of CBSE on or before April 5. Any form submitted beyond April 5 shall not be accepted,“ the bench said.
The court asked CBSE to take steps to make arrangements to allow the affected students to appear for the entrance test and provide additional centres to accommodate them. “...the collector of the concerned district or the commissioner of the city whoever is the authority will extend all the support so that the forms are accepted and the examinations are held on the date fixed by making different centres available,“ the bench said.
“CBSE shall be bound by the order passed by this court as far as the cut-off date is concerned. No high court in the country shall interfere with regard to any litigation pertaining to choosingallocation of centres,“ the court said.
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