PRADHEER GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who is aged 15 years and obviously a minor, represented by his natural guardian and mother, has filed this writ petition praying for the following relief: To issue a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of Respondent No.2 in returning the petitioner's demand draft and not permitting him to appear for the Entrance Test for admission into MBBS Course Session 2004-05 scheduled to be held on 30-5-2004 on the ground of under age, as illegal, arbitrary, improper and unconstitutional, and consequently direct Respondent Nos.2 and 3 to permit the petitioner to appear for the said Test basing on the age relaxation given to the petitioner by the Government of A.P. in SSC and Intermediate Examinations.

(2.) On the ground that the petitioner is under-aged Respondent No.2 declined to issue application to enable him appear for MBBS Entrance Test. The mother of the petitioner states that the petitioner is extraordinarily intelligent, and when he studied SSC, he was only 13 years, and though he was ineligible to appear SSC Examinations, the Government keeping in view his extraordinary intelligence has issued orders in G.O. Rt. No.11, dated 5-1-2002, relaxing the Rules relating to minimum age in the case of the petitioner and directed the authorities to permit him to appear for the SSC Examinations in March, 2002. Upon being successful in the SSC Examinations, the Government also permitted him to prosecute Intermediate Course (Bi.P.C.), and presently he is appearing for Intermediate Examinations being held during March, 2004. The petitioner states that he submitted his application for appearing EAMCET-2004 for entry into MBBS Course. But, when he applied for issuance of application for appearing for Entrance Test in MBBS Course in Respondent No.2-Institute along with the Demand Draft, the same was returned on the ground that the petitioner is under-aged and no age relaxation can be given. It is this action of Respondent No.2- Institute, which the petitioner seeks to challenge in this writ petition on various grounds. It is stated that though the petitioner's father had represented to various authorities in the hierarchy of the State Government, namely Registrar, NTR University of Health Sciences, Vijayawada, A.P., the Principal Secretary, Higher Education Department, Government of A.P., Hyderabad, Hon'ble Minister, Ministry of Health and Medical, A.P. Secretariat, Hyderabad, the Secretary, A.P. State Council of Higher Education, Hyderabad and the Director, Medical and Health Education, A.P., Hyderabad, to give age relaxation to his son for appearing in the State and National Level Medical Entrance Examinations during 2004-05 for seeking admission into MBBS Course, no action had been taken thereon.

(3.) Heard the learned Counsel for the petitioner, the learned Additional Standing Counsel for Respondent No. 1-Central Government, and the learned Standing Counsel for Respondent Nos.2 and 3 Institute.