GLIMPSE OF A LATEST VERDICT* *W.A.No.1892 of 2021 and W.P.No.16958 of 2021* *National Testing Agency -vs- Minor SP.Shree Harini* Dated 07.09.2021 *Hon’ble Justices Pushpa Sathyanarayana and Krishnan Ramasamy* sept 10-friday
*GLIMPSE OF A LATEST VERDICT*
*W.A.No.1892 of 2021 and W.P.No.16958 of 2021*
*National Testing Agency -vs- Minor SP.Shree Harini*
Dated 07.09.2021
*Hon’ble Justices Pushpa Sathyanarayana and Krishnan Ramasamy*
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*The Hon’ble Division Bench allowed the Writ Appeal of NTA and thereby dismissed the Writ Petition of the Petitioner, seeking permission to write NEET 21 even without completing 17 years of age as on December 2021 and held as follows:*
1) Admittedly, the Petitioner has not challenged the age limit fixed either in the Regulation on Graduate Medical Education (Amendment) Act 2017 or the Bulletin NEET (UG) 2021 prescribing Eligibility and Qualifications for MBBS and BDS Course and since the same has not been challenged, the same cannot be altered in the instant Proceedings.
2) When there is no exemption clause in the Regulations, the Court cannot traverse beyond the age prescribed.
3) The Hon’ble Bench, relying on the decisions of a Full Bench of Rajasthan High Court in *Gautam Kapoor -vs-State of Rajasthan* 1986 SCC online Raj 48, the First Bench of Delhi High Court in Mohit Kumar Arora – vs- University of Delhi, a co-ordinate Bench of Madras High Court in C.Suriyanarayana -vs- Akila Kannan and of the Hon’ble First Bench of the Delhi High Court in Master Akash Yadav -vs- Union of India (2021 SCC online Del 4114), held that the *requirement of age, both minimum and maximum is mandatory and not directory* and hence, the Petitioner is ineligible even for appearing the forthcoming NEET UG Exam 2021, in view of under-age.
