Clarify If Removal Of Upper Age Limit For NEET-UG Is Under Consideration: Supreme Court To NMC
Live law
1 Feb 2022 10:41 AM
The Supreme Court, on Monday, asked the National Medical Council to clarify if they are considering to remove the upper age limit of 25 years and 30 years for candidates eligible for reservation, for NEET-UG, as was inserted by way of amendment to the Medical Council of India Regulations on Graduate Medical Education Regulations, 1997 vide notification dated 22.01.2018.
Petition was filed before the Delhi High Court challenging certain provisions of the amendment of the Regulation, including the insertion of the age limit. The Delhi High Court held the age cap to be valid. A plea assailing the same was filed before the Apex Court. Pursuant to an interim order of the Supreme Court, there is no upper age limit for appearing in the NEET-UG examination, until it decides the issue.
Advocate, Mr. Zoheb Hossain informed a Bench comprising Justices L. Nageswara Rao and B.R. Gavai that the National Medical Council was considering removing the age cap and therefore, they should come back to the Court with their firm stand on the issue.
"One of the issues is the upper age limit. That part of the controversy may get resolved because recently the National Medical Council has said they are considering removing that cap. Milords can put to them to come back with a firm stand."
The Bench asked Advocate, Mr. Gaurav Sharma appearing for NMC to take instructions and convey the same to it on Friday.
On Monday, the Bench was hearing a petition wherein the petitioners, though allowed in the counselling, were eventually asked to submit their Class 11 marksheets. Senior Advocate, Mr. Gangele, appearing for the said petitioners, informed the Bench that since the petitioners had passed their 10+2 as private students they were not separately issued a marksheet for Class 11.
"The petitioners have been admitted in Counselling, because they have passed 10+2 as private students, hence the Director asked them to submit 11th class marksheet. For private students 11th class marksheet is not issued. They have passed the 12th exam with subjects Chemistry, Maths, Biology, Physics with practical exams."
The Bench asked Mr. Sharma, "what do you have to say about this?"
Mr. Sharma argued that as per the main judgment of the Supreme Court as well as that of the Delhi High Court one has to undergo two years of study, which includes 11th and 12th, to be eligible.
Mr. Gangele asserted that they have already been admitted in counselling, and had completed two years of study as required, but they were not issued the marksheet for Class 11. He informed the Bench that states other than Madhya Pradesh and Punjab have already allowed candidates to take part in counselling without submitting the Class 11 marksheet.
The Bench asked Mr. Sharma to find out if that was the case and directed the registry to list the said petition on Friday, while the other matters would be taken up sometime in March.
[Cause Title: Jalaudheen T. & Anr v MCI & connected pleas]
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