Saturday, May 12, 2018

‘RULE LEGAL, VALID’

HC says CBSE’s upper age limit for NEET will remain

TIMES NEWS NETWORK

New Delhi: 12.05.2018

The Delhi high court on Friday upheld a CBSE notification fixing an upper age cap of 25 and 30 years for general and reserved categories respectively to apply for National Eligibilitycum-Entrance Test (NEET)- UG, a pre-qualification for MBBS course.

HC dismissed petitions challenging the CBSE notification that laid down the upper age limit even as it struck down a clause that prohibited students from open schools or those who studied privately from appearing in the exam.

A bench of justices Sanjiv Khanna and Chander Shekhar noted that the clause in CBSE’s January 22 notification prescribing upper age limit for general and reserved category candidates was “legal and valid”.

But it found as “unconstitutional” the CBSE’s insistence to disqualify candidates who have studied from recognised open school boards.

“Candidates, who have done class 12 from NIOS (National Institute of Open Schooling) or recognised open school state boards, would not be treated as per se disqualified for selection and appearance in NEET examination.

Their NEET results, when otherwise eligible, would be declared with other candidates,” the bench said. This also means that CBSE will now have to take a call if it would declare results of those candidates who took the exam due to an interim order but now stand disqualified as they are above the prescribed age.

On February 28, another bench of the high court had stayed the CBSE’s January 22 notification, which barred students of open school or those who studied privately, those who had biology or biotechnology as an additional subject and those who had taken more than two years to complete their Class XI or XII or students from applying for the exam.

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