AKSHANJALI MORYA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) WHEN the matter was listed before the learned single judge on 26 April 2013, the counsel for the petitioner referring to the prayer in the writ petition submitted that since the petitioner is seeking a declaration of Regulation 4.1 of the Graduate Medical Education Regulations, 1997 as Ultra vires to the mandate of Article 14 of the Constitution of India, the matter needs to be placed before the Division Bench and accordingly an order was made directing the registry to place the matter before the Division Bench. The prayer clause in the writ petition reads thus:-

(3.) IT has been further stated that the petitioner submitted her online application for admission to M.B.B.S course, for the academic session 2013-2014, to the third respondent i.e the Joint Secretary, Central Board of Secondary Education (CBSE), New Delhi. The online application of the petitioner was declined in view of condition number (ii) of the advertisement dated 1st of December 2012, which stipulated a condition, under the Eligibility Criteria, to the effect that the candidate applying for pre-medical test must have completed the age of 17 years on or before 31st of December of examination year. In the instant case at hand the examination year is 2013 and the examination is scheduled to be held on 5th of May 2013 and the petitioner would complete 17 years of age on 2nd of February, 2014.