The High Court disposed of a writ petition filed to declare the age restraint date under MCI Regulations as December 31 and allow students to appear for NEET 2018-19. The Bench held that relief sought would not survive due to the passage of time.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.7361 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.7361 of 2018
Dr.A.Thirunavukkarasu .. Petitioner
Vs
rep. by its Secretary to the Government, Department of Health and Family Welfare Department, Near Udyog Bhawan Metro Station,
Maulana Azad Road, New Delhi, Delhi-110 011.
2.Medical Council of India, rep. by its Secretary, Pocket-14, Sector-8, Dwaraka, New Delhi.
3.The Director, National Eligibility-cum-Entrance Test Unit (NEET), Central Board of Secondary Education, Shiksha Kendra,
2, Communnity Centre, Preet Vihar, Delhi – 110 092.
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W.P.No.7361 of 2018
4.The Regional Officer (NEET), Central Board of Secondary Education, No.1630-A, J-Block, New No.3, 16th Main Road, Anna Nagar West, Chennai-40.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration to declare the date of restraint imposed in Rule 4(1) of the Medical Council of India Regulations on Graduate Medical Education, 1997 as “31st December” and sequential clause “on or before 31st December, 2018” specified in the admission notice and prospectus for the year of 2018-19 by the third respondent as null and void and unconstitutional and to account the same as the last working day of the academic year of admission to the MBBS course of the relevant year as far as the students seeking admission from State of Tamilnadu are concerned and consequently direct the third respondent to permit the students completing the age of 17 in between 1st January, 2019 to 31st May, 2018 or the last working day of academic year 2018-19 to get enrolled and appear for the National Eligibility Cum Entrance Test (Session 2018-19).
For the Respondents
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W.P.No.7361 of 2018
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
The petitioner sought a direction that the students completing the age of 17 in between 1st January, 2019 and 31st May, 2019 or the last working day of academic year 2018-19 be permitted for seeking admission to MBBS Course,
(S.V.G., CJ.) (P.D.A., J.) 21.07.2023 Index : Yes/No Neutral Citation : Yes/No bbr
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W.P.No.7361 of 2018
To
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W.P.No.7361 of 2018
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr
W.P.No.7361 of 2018
21.07.2023
___________ Page 5 of 5_
3 issues framed by the court
Whether students completing age of 17 between 1st January 2019 and 31st May 2019 should be permitted admission to MBBS course.
Whether the date of restraint in Rule 4(1) of MCI Regulations 1997 should be declared as 31st December.
Whether the petitioner's claim survives given the passage of time.
2 provisions across 2 enactments
Dr. A. Thirunavukkarasu
Union of India
Medical Council of India
The Director, National Eligibility-cum-Entrance Test Unit (NEET), Central Board of Secondary Education
The Regional Officer (NEET), Central Board of Secondary Education
Sanjay V. Gangapurwala
P.D. Audikeshavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
