ASHOK KUMAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed challenging the upper age limit of 25 years prescribed by the Orissa Joint Entrance Examination -2011, ('Orissa JEE - 2011' for short) as the minimum eligibility criteria for admission to 1 st year MBBS Course.

(2.) THE case of the petitioner is that pursuant to the Information Brochure published by the Orissa JEE -2011, inviting applications from the candidates for admission to 1 st year MBBS Course, the petitioner applied for the same in the prescribed format accompanied by requisite documents. The date of birth of the petitioner is 10.05.1984. Though, clause -4.2 of the said Information Brochure published by the Orissa JEE -2011 prescribed the upper age limit of 25 years as on 30.12.2011, the petitioner's application was accepted by the Orissa JEE -2011 and he was issued with admit card for appearing in the entrance examination. Accordingly, the petitioner appeared in the entrance examination held by Orissa JEE -2011 and was ranked 141 under general category and 36 under the Green Card holder category in the merit list. Subsequently, when the petitioner approached the Orissa JEE -2011 for issue of rank card, so as to enable him to participate in the counselling for taking admission in 1 st year MBBS Course, he was informed that as his age is above 25 years, as on 31.12.2011, he cannot be permitted to participate in the counselling as per clause -4.2 of the Information Brochure.

(3.) LEARNED counsel for the petitioner assails the reasonableness and legality of clause -4.2 of the Information Brochure published by Orissa JEE -2011, on the ground that as the Medical Council of India ('MCI' for short) has framed Regulations on Graduate Medical Examination, 1997, with the previous sanction of the Central Government, in exercise of its power under Section 33 of the Indian Medical Council Act, 1956, prescribing minimum age of 17 years, as on 31 st December of the year of the entrance examination for admission to MBBS Course, the prescription of upper age limit of 25 years by the Orissa JEE -2011 is improper, illegal and withoutjurisdiction. In this regard, it is submitted that as the MCI is the apex body constituted by the Central Government under the provisions of the Indian Medical Council Act, 1956, for regulating admission to MBBS Course and the said MCI having framed Regulations for that purpose, with the approval of the Central Government, prescribing minimum age of 17 years, for admission to MBBS Course, it is not open for the State Government or the Orissa JEE -2011 to prescribe a different or additional eligibility criteria by way of upper age limit of 25 years. Further, the petitioner has filed copies of the prospectus of some universities and institutions of other States to show that no such upper age limit has been prescribed for admission to MBBS Course and therefore the impugned action of the Orissa JEE - 2011 in prescribing upper age limit of 25 years is unreasonable and illegal.