Delhi High Court Dismisses Challenge Against Minimum Age Condition In NEET; Imposes Rs. 10,000 Cost

The Delhi High Court dismissed today a student's plea seeking permission to appear in the NEET examination, despite being underage by 13 months. The Court also imposed a cost of Rs. 10,000 on the petitioner, to be deposited with DSLSA within four weeks for use in access to justice program.

The Petitioner, born in 2006, had challenged Regulation on Graduate Medical Education 1997, Rule 4(1) whereof prescribes minimum eligibility age of 17 years to appear in NEET. He stated that he is underage by merely 12 months and 26 days and sought permission to appear in the examination. He also submitted that the impugned Rule is almost 20 years old and does not contemplate that the present generation is "extremely brilliant".

The counsel for the Petitioner, Advocate Surendra Kumar Yadav, argued that the minimum eligibility age should be 15 years, keeping in mind the intellect of the present generation.

"If we allow this, tomorrow someone can come and say now the generation is more brilliant so make it 12 years, 7 years. How can we do it? It's a policy matter," Chief Justice DN Patel remarked at the outset.

However, as Yadav continued to press the petition, the Bench also comprising of Justice Jyoti Singh imposed cost on the petitioner. It observed that setting eligibility criteria is a policy matter which cannot be interfered with by Court. Further, if one underage student is allowed today, the Court will be flooded with similar petitions in the future.

In its order, the Bench said,

"It is ought to be kept in mind that primary role of court is to interpret the law as it is, where the law is explicitly clear and unambiguous. The court is not concerned with law as it ought to be.
The cut off age limit on or before 31st December of the year of admission to MBBS is a policy decision of the respondent. Contention raised by counsel for the Petitioner is that the Petitioner is underage by 12 months and 26 days which may be allowed. This is not permissible. If one Petitioner is allowed who is underage by 12 months and 26 days, tomorrow another Petitioner may come to the Court and he may say that he is underage by 12 months and 30 days and then 3rd Petitioner can come and say he is underage by 12 months and 35 days. The Court cannot allow such type of underage students in NEET exam in violation of the 1997 Rules."

Counsel appearing for the Respondent pointed out that the 1997 Regulations are not archaic, as alleged by the Petitioner, inasmuch as the same were reviewed in the year 2018. He stated that there are a catena of judgments, disallowing such petitions for age relaxation.

Read here:

Age Relaxation For NEET-2018: SC Allows Petitions To Be Withdrawn

Punjab & Haryana HC Upholds Minimum Age Limit of 17 Years for NEET

Case Title: Master Akash Yadav (Minor) v. Union of India & Ors.